Legislature(2001 - 2002)

2002-05-10 House Journal

Full Journal pdf

2002-05-10                     House Journal                      Page 3479
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                    Friday                  May 10, 2002                            
                                                                                                    
                      One Hundred Seventeenth Day                                              
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:08 a.m.                                                                                
                                                                                                    
Roll call showed 31 members present.  Representatives Guess,                                        
Hudson, Kerttula, Kott, Masek, Moses, Mulder, Williams, and Wilson                                  
were absent and their presence was noted later.                                                     
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Hayes be excused from a call of the House from                                       
11:00 a.m. until 11:30 a.m. today.  There being no objection, it was so                             
ordered.                                                                                            
                                                                                                    
The invocation was offered by Mr. O. P. Sharma.  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, Representatives, and all present here, it is an                                    
    honor and pleasure for me to share with you the thoughts of                                     
    the great Philosopher-Saint, Sri Aurobindo, who has written:                                    
    "The Divine Love, unlike the human, is deep and vast and                                        
    silent; one must become quiet and wide to be aware of it and                                    
    reply to it.  He must make it his whole object to be                                            
    surrendered so that he may become a vessel and instrument--                                     
    leaving it to the Divine Wisdom and Love to fill him with                                       
    what is needed.  The more one gives oneself, the more the                                       
    power to receive will grow."                                                                    
                                                                                                    
    I now read the invocation of The Mother, a transcendent,                                        
    cosmic personality and lifetime collaborator with Sri                                           
    Aurobindo in his Divinely Ordained Work:  "It is the Divine                                     

2002-05-10                     House Journal                      Page 3480
    Presence that gives value to life.  This Presence is the source                                 
    of all peace, all joy, all security.  Find this Presence in                                     
    yourself and all your difficulties will disappear.  Lord, it is thy                             
    Peace we would have and not a vain simulacrum of peace,                                         
    Thy Freedom and not a simulacrum of freedom, Thy Unity                                          
    and not a simulacrum of unity.  For it is only Thy Peace, Thy                                   
    Freedom, and Thy Unity that can triumph over the blind                                          
    violence and the hypocrisy and falsehood that still reign upon                                  
    earth.  Grant that those who so valiantly struggled and                                         
    suffered for Thy Victory may see the true and genuine results                                   
    of that Victory realized in the world."  God bless you all.  God                                
    bless America.                                                                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Ogan.                                            
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 116th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
SB 6                                                                                              
A message dated May 9, 2002, was read stating the Senate has                                        
concurred in the House amendment to CSSB 6(FIN), thus adopting:                                     
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 6(JUD)                                                      
    "An Act relating to required notice of eviction to mobile home                                  
      park dwellers and tenants before redevelopment of the park."                                 
                                                                                                    
**The presence of Representatives Mulder and Hudson was noted.                                      
                                                                                                    
HB 281                                                                                            
A message dated May 9, 2002, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 281(JUD)                                                                  
    "An Act relating to civil liability for providing alcoholic                                     
    beverages to a person under 21 years of age; and providing for an                               
    effective date."                                                                                

2002-05-10                     House Journal                      Page 3481
CSHB 281(JUD) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                                                                                                    
HB 355                                                                                            
A message dated May 9, 2002, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 355(CRA)                                                                  
    "An Act relating to the taxation of mobile telecommunications                                   
   services by municipalities; and providing for an effective date."                               
                                                                                                    
CSHB 355(CRA) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                                                                                                    
HB 381                                                                                            
A message dated May 9, 2002, was read stating the Senate has passed                                 
HB 381 with an amendment (Senate journal, page 3278) and so, the                                    
following is transmitted for consideration:                                                         
                                                                                                    
    HOUSE BILL NO. 381 am S                                                                         
    "An Act relating to the crime of failure to stop at the direction of a                          
    peace officer; and providing for an effective date."                                            
                                                                                                    
HB 381 is under Unfinished Business.                                                                
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
                                                                                                    
A message dated May 9, 2002, was read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 235                                                                                            
CS FOR SENATE BILL NO. 235(STA) by the Senate State Affairs                                         
Committee, entitled:                                                                                
                                                                                                    
    "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                                     

2002-05-10                     House Journal                      Page 3482
    the implementation of the compact; and providing for an effective                               
    date."                                                                                          
                                                                                                    
    (similar to HB 323)                                                                             
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
SB 359                                                                                            
CS FOR SENATE BILL NO. 359(RLS) by the Senate Rules                                                 
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to organization grants for mergers,                                            
    consolidations, or unifications involving third class boroughs; and                             
    relating to identification by the Local Boundary Commission of                                  
    areas that meet the standards for borough incorporation."                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
SB 4                                                                                              
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    CS FOR SENATE BILL NO. 4(RLS) am                                                                
    "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."                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 4(CRA)                                                      
    "An Act relating to an optional exemption from municipal                                        
    property taxes on residential property owned and occupied by                                    
    certain volunteers who provide fire fighting or emergency medical                               
    services; and providing for an effective date."                                                 
                                                                                                    
    (pending authorization by a concurrent resolution)                                              

2002-05-10                     House Journal                      Page 3483
The report was signed by Representatives Morgan and Meyer, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (2):  Guess, Scalzi                                                                         
                                                                                                    
No recommendation (5):  Kerttula, Murkowski, Halcro, Morgan,                                        
Meyer                                                                                               
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 4(CRA):                                              
                                                                                                    
5.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
CSSB 4(RLS) am was referred to the Finance Committee.                                               
                                                                                                    
SB 181                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    CS FOR SENATE BILL NO. 181(FIN) am                                                              
    "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."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 181(CRA)                                                    
    "An Act relating to and increasing the interest rate on that portion                            

2002-05-10                     House Journal                      Page 3484
    of a loan for a single family house or owner-occupied duplex in a                               
    small community that exceeds $300,000; relating to the Alaska                                   
    Housing Finance Corporation's rural assistance loan program and                                 
    to loans for teacher housing in small communities."                                             
                                                                                                    
    (pending authorization by a concurrent resolution)                                              
                                                                                                    
The report was signed by Representatives Morgan and Meyer, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Kerttula, Murkowski, Morgan, Meyer                                                    
                                                                                                    
No recommendation (2):  Scalzi, Guess                                                               
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 181(CRA):                                            
                                                                                                    
1.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
CSSB 181(FIN) am was referred to the Finance Committee                                              
                                                                                                    
SB 191                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    CS FOR SENATE BILL NO. 191(JUD)                                                                 
    "An Act relating to insurance pooling by air carriers."                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 191(L&C)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Rokeberg                                                                              
                                                                                                    
No recommendation (6):  Meyer, Hayes, Crawford, Kott, Halcro,                                       
Murkowski                                                                                           
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 191(L&C):                                            

2002-05-10                     House Journal                      Page 3485
2.  Zero, House Labor & Commerce Committee                                                          
                                                                                                    
CSSB 191(JUD) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 226                                                                                            
The Transportation Committee has considered:                                                        
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                   
    226(FIN) am                                                                                     
    "An Act relating to design of highway projects; and providing for                               
    an effective date."                                                                             
                                                                                                    
The report was signed by Representative Kohring, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Wilson, Scalzi, Masek, Kohring                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
CSSSSB 226(FIN) am was referred to the Rules Committee for                                          
placement on the calendar.                                                                          
                                                                                                    
SB 270                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 270(L&C)                                                                 
    "An Act extending the termination date of the Board of                                          
    Dispensing Opticians; relating to the regulation of dispensing                                  
    opticians; and providing for an effective date."                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 270(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               

2002-05-10                     House Journal                      Page 3486
Do pass (8):  Bunde, Whitaker, Harris, Davies, Lancaster, Hudson,                                   
Foster, Williams                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 270(FIN):                                            
                                                                                                    
2.  Fiscal, House Finance Committee/Dept. of Community &                                            
Economic Development                                                                                
                                                                                                    
CSSB 270(L&C) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
**The presence of Representative Guess was noted.                                                   
                                                                                                    
SB 279                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 279(FIN)                                                                 
    "An Act authorizing the commissioner of fish and game to issue                                  
    complimentary sport fishing licenses and tags to September 11                                   
    emergency responders and their spouses; and providing for an                                    
    effective date."                                                                                
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Bunde, Whitaker, Harris, Davies, Lancaster, Hudson,                                   
Foster, Williams                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
CSSB 279(FIN) 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:                                                            

2002-05-10                     House Journal                      Page 3487
Honoring - Chuck and Ann Sassara, Celebrating 50 Years of Marriage                                  
By Representative Murkowski                                                                         
                                                                                                    
Honoring - 2001 Nikiski Football Team                                                               
By Representative Chenault; Senator Ward                                                            
                                                                                                    
Honoring - The 90th Anniversary of the Girl Scouts                                                  
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - 2002 Arctic Winter Games, Team Alaska, House Districts                                   
3 and 4 Participants                                                                                
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - Megan Irene Behnke                                                                       
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - Aaron Michael Clemens                                                                    
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - Douglas L. Gregg                                                                         
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - Madeline "Maddie" Marie Soboleff Levy                                                    
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - Rob McKenzie                                                                             
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
Honoring - 2001 CIFC Champion, Juneau-Douglas High School                                           
Crimson Bears and Head Coach of the Year, Reilly Richey                                             
By Senator Elton; Representatives Kerttula, Hudson                                                  
                                                                                                    
Honoring - Sherill E. Baxter Upon Her Retirement                                                    
By Senator Elton; Representatives Kerttula, Hudson                                                  
                                                                                                    
Honoring - Howard Thomas, P.E., F. ASCE                                                             
By Senator Leman                                                                                    
                                                                                                    
Honoring - Robert "Bob" Baldwin, Alaska Engineer of the Year                                        
By Senator Leman                                                                                    

2002-05-10                     House Journal                      Page 3488
Honoring - Eielson AFB 354th Fighter Wing                                                           
By Senators Therriault, Cowdery                                                                     
                                                                                                    
Honoring - Linda Rabideau                                                                           
By Senator Hoffman                                                                                  
                                                                                                    
                                                                                                    
In Memoriam - W. M. "Bill" Burnett                                                                  
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Alicia Marie Heath                                                                    
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Sue Reiter                                                                            
By Representatives Chenault, Lancaster                                                              
                                                                                                    
In Memoriam - Irving Lee Diamond                                                                    
By Representatives Chenault, Lancaster                                                              
                                                                                                    
In Memoriam - Daniel Ray Little                                                                     
By Representatives Chenault, Lancaster                                                              
                                                                                                    
In Memoriam - Robert J. Guenther                                                                    
By Representatives Chenault, Lancaster                                                              
                                                                                                    
In Memoriam - Wilbur William Geary                                                                  
By Representatives Chenault, Lancaster                                                              
                                                                                                    
In Memoriam - Cynthia L. Cobb                                                                       
By Representatives Chenault, Lancaster                                                              
                                                                                                    
In Memoriam - Walter J. Covich                                                                      
By Representatives Chenault, Lancaster                                                              
                                                                                                    
In Memoriam - Ellen Harris                                                                          
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
In Memoriam - Jeannette Marion Kelsey                                                               
By Representative Kerttula                                                                          
                                                                                                    

2002-05-10                     House Journal                      Page 3489
In Memoriam - Bernice Huppert                                                                       
By Representative Kerttula                                                                          
                                                                                                    
In Memoriam - Robert Keith Hickerson                                                                
By Representatives Kerttula, Berkowitz                                                              
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 519                                                                                            
The Speaker stated that, without objection, the following, which was                                
on the May 7, 2002, calendar and returned to the Rules Committee                                    
(page 3423), would be moved to the bottom of the calendar:                                          
                                                                                                    
    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."                                                               
                                                                                                    
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 37                                                                                             
The following was read the second time:                                                             
                                                                                                    
    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."                                                                                     

2002-05-10                     House Journal                      Page 3490
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT HCS(L&C) 1DNP 5NR                                         2682                             
 FN6: ZERO(ADM)                                                    2683                             
 FN7: (CED)                                                        2683                             
 FN8: (LAW)                                                        2683                             
 JUD RPT HCS(JUD) 1DNP 5NR                                         3129                             
 FN6: ZERO(ADM)                                                    3129                             
 FN8: (LAW)                                                        3129                             
 FN9: ZERO(CED)                                                    3129                             
 FIN RPT HCS(JUD) 4DP 2NR 1AM                                      3418                             
 FN6: ZERO(ADM)                                                    3419                             
 FN8: (LAW)                                                        3419                             
 FN9: ZERO(CED)                                                    3419                             
                                                                                                    
**The presence of Representatives Moses, Wilson, and Kott was                                       
noted.                                                                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 37(JUD)                                                     
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
Amendment No. 1 was offered by Representative Halcro:                                               
                                                                                                    
Page 1, following line 5:                                                                           
    Insert a new bill section to read:                                                              
   "* Section 1.  AS 21.42 is amended by adding a new section to read:                            
         Sec. 21.42.410.  Coverage for contraceptives.  (a)  Except                               
    with respect to limited benefit health care insurance or health care                            
    insurance purchased by a religious employer, a health care insurer                              
    that offers, issues for delivery, delivers, or renews in this state a                           
    health care insurance plan that provides coverage for prescription                              
    drugs on an outpatient basis shall provide coverage for any                                     
    prescribed drug or device approved by the United States Food and                                

2002-05-10                     House Journal                      Page 3491
    Drug Administration for use as a contraceptive.  The coverage                                   
    required under this section is subject to standard policy provisions                            
    applicable to other benefits, including deductible or copayment                                 
    provisions, within the constraints of (b) of this section.                                      
         (b)  An insurer may not impose on a person receiving                                       
    prescription contraceptive benefits a                                                           
             (1)  copayment, coinsurance payment, or fee that is not                                
    equally imposed on all individuals in the same benefit category,                                
    class, coinsurance level, or copayment level receiving benefits for                             
    prescription drugs; or                                                                          
             (2)  reduction in allowable reimbursement for prescription                             
    drug benefits.                                                                                  
         (c)  This section may not be construed to                                                  
             (1)  require coverage for prescription coverage benefits in                            
    a contract, policy, or plan that does not otherwise provide                                     
    coverage for prescription drugs;                                                                
             (2)  preclude the use of closed formularies if the                                     
    formularies include oral, implant, and injectable contraceptive                                 
     drugs, intrauterine devices, and prescription barrier methods;                                
             (3)  require an insurer to provide coverage for abortion;                              
             (4)  require an insurer to provide coverage for emergency                              
    contraception.                                                                                  
         (d)  A health care insurance plan that, under (a) of this                                  
    section, is exempt from providing coverage for contraceptives                                   
    must contain a written notice that prescription contraceptives are                              
    not included under the policy.                                                                  
         (e)  In this section,                                                                      
             (1)  "limited benefit health care insurance" means                                     
    accident and sickness insurance designed, advertised, and                                       
    marketed to supplement major medical insurance, including                                       
    accident only, Civilian Health and Medical Program of the                                       
    Uniformed Services (CHAMPUS) supplement, dental, disability                                     
    income, fixed indemnity, long-term care, Medicare supplement,                                   
    specific disease, vision, and other accident and sickness insurance                             
    other than basic hospital expense, basic medical-surgical expense,                              
    or major medical insurance;                                                                     
              (2)  "religious employer" means an employer                                          
                  (A)  with a primary purpose of instilling religious                               
         principles;                                                                                
                  (B)  that primarily employs individuals who share the                             

2002-05-10                     House Journal                      Page 3492
         religious principles of the employer;                                                      
                  (C)  that primarily serves individuals who share the                              
         employer's religious principles; and                                                       
                  (D)  that does not receive public funding."                                       
                                                                                                    
Page 1, line 6:                                                                                     
    Delete "* Section 1"                                                                          
    Insert "* Sec. 2"                                                                             
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
**The presence of Representative Masek was noted.                                                   
                                                                                                    
Representative Hayes, who had been previously excused (page 3479),                                  
left the Chamber.                                                                                   
                                                                                                    
                                                                                                    
Representative James rose to a point of order, stating that Amendment                               
No. 1 was not germane and cited Rule 402 of Mason's Manual.                                         
                                                                                                    
The Speaker ruled Amendment No. 1 out of order.                                                     
                                                                                                    
Representative Halcro appealed the ruling of the Chair.                                             
                                                                                                    
                                                                                                    
The question being:  "Shall the ruling of the Chair be sustained?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSB 37(JUD)                                                                                    
Second Reading                                                                                      
Sustain Ruling of the Chair/Amendment No. 1 not germane                                             
                                                                                                    
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2002-05-10                     House Journal                      Page 3493
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                     
Morgan, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                  
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Joule, Kapsner, Kerttula, Kookesh, Moses, Murkowski                                                 
                                                                                                    
Excused:  Hayes                                                                                     
                                                                                                    
And so, the ruling of the Chair was sustained.                                                      
                                                                                                    
Amendment No. 2 was offered by Representative Halcro:                                               
                                                                                                    
Page 7, line 18, following "plan":                                                                  
 Insert "or a health care insurance plan issued by a hospital or                                    
medical service corporation"                                                                        
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Bunde objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 37(JUD)                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  10   NAYS:  29   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Halcro, Joule, Kapsner, Kerttula,                               
Kookesh, Murkowski, Wilson                                                                          
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster,                                
Green, Guess, Harris, Hudson, James, Kohring, Kott, Lancaster,                                      
Masek, McGuire, Meyer, Morgan, Moses, Mulder, Ogan, Porter,                                         
Rokeberg, Scalzi, Stevens, Whitaker, Williams                                                       
                                                                                                    
Excused:  Hayes                                                                                     
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            

2002-05-10                     House Journal                      Page 3494
Amendment No. 3 was offered by Representative Murkowski:                                            
                                                                                                    
Page 1, line 14:                                                                                    
 Delete "over fee-related terms"                                                                    
                                                                                                    
Page 2, lines 7 - 8:                                                                                
 Delete "on fee-related and other issues"                                                           
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
Amendment to Amendment No. 3 was offered by Representative                                          
Murkowski:                                                                                          
                                                                                                    
Delete "Page 1, line 14:                                                                            
 Delete "over fee-related terms""                                                                   
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
Amendment to Amendment No. 3 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no objection, Amendment No. 3 as amended was adopted.                                   
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSB 37(JUD) am H be considered engrossed, advanced to third                                        
reading, and placed on final passage.                                                               
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that HCS CSSB 37(JUD) am H will be in third                                      
reading on tomorrow's calendar.                                                                     
                                                                                                    
SB 140                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 140(FIN)                                                                 
    "An Act relating to regulation and licensing of certain water-                                  
    power development projects; and providing for an effective date."                               

2002-05-10                     House Journal                      Page 3495
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 5DP 2NR                                                   3210                             
 FN1: (CED)                                                        3211                             
 FN2: (DNR)                                                        3211                             
 FN3: (DFG)                                                        3211                             
 FIN RPT HCS(FIN) 6DP 1NR                                          3444                             
 FN1: (CED)                                                        3444                             
 FN2: (DNR)                                                        3444                             
 FN3: (DFG)                                                        3444                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 140(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSB 140(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that HCS CSSB 140(FIN) will be in third reading                                  
on tomorrow's calendar.                                                                             
                                                                                                    
SB 326                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 326(FIN)                                                                 
    "An Act relating to evaluating state assumption of the wastewater                               
    discharge program under the federal Clean Water Act; and                                        
    providing for an effective date."                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT 5DP 2NR                                                   3444                             
 FN3: (DEC)                                                        3445                             

2002-05-10                     House Journal                      Page 3496
Representative James moved and asked unanimous consent that CSSB                                    
326(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSSB 326(FIN) will be in third reading on                                   
tomorrow's calendar.                                                                                
                                                                                                    
SB 356                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 356 am                                                                          
    "An Act relating to the authority of the Department of                                          
    Environmental Conservation to issue general and individual                                      
   permits for waste disposal; and providing for an effective date."                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 6DP 2NR                                                   3237                             
 FN1: ZERO(DEC)                                                    3237                             
                                                                                                    
**The presence of Representative Hayes was noted.                                                   
                                                                                                    
Representative James moved and asked unanimous consent that                                         
SB 356 am be considered engrossed, advanced to third reading, and                                   
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that SB 356 am will be in third reading on                                       
tomorrow's calendar.                                                                                
                                                                                                    
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 302                                                                                            
The following, which was advanced to third reading from the May 9,                                  
2002, calendar (page 3468), was read the third time:                                                
                                                                                                    

2002-05-10                     House Journal                      Page 3497
    HOUSE CS FOR CS FOR SENATE BILL NO. 302(HES)                                                    
    "An Act defining the term 'mental health professional' for the                                  
    purpose of statutes relating to the evaluation of prisoners who may                             
    need psychological or psychiatric treatment, for the purpose of                                 
    statutes relating to the evaluation of children in need of aid and                              
    delinquent minors who may need to be confined in a secure                                       
    residential psychiatric treatment center or who should be released                              
    from such a center, for the purpose of statutes requiring certain                               
    professionals to report the possibility that a vulnerable adult has                             
    been abused or neglected, and for the purpose of statutes relating                              
    to mental health civil commitments."                                                            
                                                                                                    
Representatives Dyson and Crawford moved and asked unanimous                                        
consent that they be allowed to abstain from voting due to a conflict of                            
interest.  Objection was heard, and the members were required to vote.                              
                                                                                                    
The question being:  "Shall HCS CSSB 302(HES) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 302(HES)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Lancaster, Masek,                                 
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Scalzi,                                   
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Absent:  Kott, Ogan, Rokeberg                                                                       
                                                                                                    
And so, HCS CSSB 302(HES) passed the House.                                                         
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCS CSSB 302(HES).                                                                               
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair for a Majority Caucus; and so, the House recessed                               
at 11:30 a.m.                                                                                       

2002-05-10                     House Journal                      Page 3498
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 3:51 p.m.                                             
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 519                                                                                            
The following, which was moved to the bottom of the calendar (page                                  
3489), is in 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                                  
    property tax and all municipal taxes during construction; and                                   
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
The following citations were not taken up today and will be on                                      
tomorrow's calendar:                                                                                
                                                                                                    
                                                                                                    
Honoring - Denise Greene-Wilkinson as Alaska's Small School                                         
Principal of the Year                                                                               
By Representatives Kott; Porter, Berkowitz, Bunde, Chenault, Cissna,                                
Coghill, Crawford, Dyson, Green, Guess, Halcro, Harris, Hayes,                                      
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Lancaster, Masek,                                 
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Scalzi, Stevens, Williams, Wilson; Senator Phillips                                                 
                                                                                                    

2002-05-10                     House Journal                      Page 3499
Honoring - Norm Wooten, The 2002 United States Coast Guard                                          
Civilian Employee of the Year                                                                       
By Senator Austerman; Representatives Stevens, Porter, Berkowitz,                                   
Bunde, Chenault, Cissna, Coghill, Crawford, Dyson, Green, Guess,                                    
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                   
Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Williams, Wilson                                         
                                                                                                    
                                                                                                    
In Memoriam - William L. Crouse                                                                     
By Representatives Kott, Porter, Berkowitz, Bunde, Chenault, Cissna,                                
Coghill, Crawford, Dyson, Foster, Guess, Halcro, Harris, Hayes,                                     
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                          
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Phillips                                 
                                                                                                    
                                                                                                    
In Memoriam - Donald Zimmerman III                                                                  
By Representatives Kott, Porter, Berkowitz, Bunde, Chenault, Cissna,                                
Coghill, Crawford, Dyson, Foster, Guess, Halcro, Harris, Hayes,                                     
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                          
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Phillips                                 
                                                                                                    
                                                                                                    
In Memoriam - Dora Sweeney                                                                          
By Representatives Kerttula, Hudson, Porter, Berkowitz, Bunde,                                      
Chenault, Cissna, Coghill, Crawford, Dyson, Foster, Guess, Halcro,                                  
Harris, Hayes, James, Joule, Kapsner, Kohring, Kookesh, Kott,                                       
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Elton                                    
                                                                                                    
                                                                                                    
In Memoriam - Daniel (Danny) Richard Baines                                                         
By Senator Taylor; Representatives Wilson, Porter, Berkowitz, Bunde,                                
Chenault, Cissna, Coghill, Crawford, Dyson, Foster, Guess, Halcro,                                  
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder,                                    
Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams                                                
                                                                                                    

2002-05-10                     House Journal                      Page 3500
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 313                                                                                            
Representative Mulder added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 313                                                                              
    "An Act requiring that the cost of contraceptives be included in                                
    certain health care insurance coverage."                                                        
                                                                                                    
SB 140                                                                                            
Representative Murkowski added her name as cross sponsor to:                                        
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 140(FIN)                                                    
    "An Act relating to regulation and licensing of certain water-                                  
    power development projects; and providing for an effective date."                               
                                                                                                    
SJR 43                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
returned to the Senate:                                                                             
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 43(STA)(title am)                                            
    Requesting the United States Congress to grant a two-year                                       
    moratorium on state maintenance of effort requirements for                                      
    federally funded programs.                                                                      
                                                                                                    
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HB 439                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:35 p.m.,                                 
May 9, 2002:                                                                                        
                                                                                                    
    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                                         

2002-05-10                     House Journal                      Page 3501
    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."                                            
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Berkowitz, Minority Leader, moved and asked                                          
unanimous consent that the House adjourn until 11:00 a.m., May 11,                                  
2002.  There being no objection, the House adjourned at 3:51 p.m.                                   
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk