Legislature(2001 - 2002)

2002-05-12 House Journal

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2002-05-12                     House Journal                      Page 3561
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                     Sunday                   May 12, 2002                          
                                                                                                    
                        One Hundred Nineteenth Day                                             
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 1:19 p.m.                                                                                 
                                                                                                    
Roll call showed 32 members present.  Representatives Guess, Joule,                                 
Kapsner, Kerttula, Kohring, Kott, Masek, and Moses were absent and                                  
their presence was noted later.                                                                     
                                                                                                    
The invocation was offered by Representative Murkowski, Chaplain                                    
Designee.  Representative Bunde moved and asked unanimous consent                                   
that the invocation be spread on the journal.  There being no objection,                            
it was so ordered.                                                                                  
                                                                                                    
                             Her Greatest Gift                                                     
                           by Anne Louise Fritz                                                    
                                                                                                    
                    You held the door open to the world                                            
                 And showed me it was there for the taking                                         
                   All the beauty of the sea and stars,                                            
               To love, to fear, to hold close to my heart.                                        
                      Then you sent me on my journey,                                              
                Knowing all along that you couldn't follow.                                        
                      You respected my different path                                              
                   Even as it led to higher heights and                                            
                         Sights you've never seen.                                                 
             And now, we are different, but entirely the same.                                     
             Me, a part of you, in this crazy, fabulous world,                                     
                     Remembering, and strengthened by,                                             
             The courage and endless faith of your broad love                                      
            As I start to soar and fly ever outward on my own.                                     
                                                                                                    

2002-05-12                     House Journal                      Page 3562
     Dear Lord,                                                                                     
                                                                                                    
     Please let Your strength and courage flow forth as that from a                                 
     mother's embrace.  Today, and in the last days of session, we                                  
     will need Your strength to carry on through the challenging                                    
     times, Your courage to stand up for what we believe, and                                       
     most of all, the inspiration to work together for the greater                                  
     good of all Alaskans.                                                                          
                                                                                                    
     So often we look to our parents for guidance and support,                                      
     today is that special day we look toward our mothers.  We are                                  
     the people we are today because of the endless faith and                                       
     nurturing of our mothers.  Dear Lord, we offer a special                                       
     blessing for all mothers and their families.  Amen.                                            
                                                                                                    
The Pledge of Allegiance was led by Representative Davies.                                          
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 118th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HB 352                                                                                            
A message dated May 11, 2002, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 352(HES) am                                                              
     "An Act extending the dates for assignment of performance                                      
     designations of public schools and the dates for reports and                                   
     monitoring based on those designations; and providing for an                                   
     effective date."                                                                               
                                                                                                    
CSHB 352(HES) am was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
HB 374                                                                                            
A message dated May 11, 2002, was read stating the Senate has                                       
passed:                                                                                             

2002-05-12                     House Journal                      Page 3563
                                                                                                    
     HOUSE BILL NO. 374                                                                             
     "An Act naming the David Douthit Veterans' Memorial Bridge."                                   
                                                                                                    
HB 374 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
                                                                                                    
HB 444                                                                                            
A message dated May 11, 2002, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     HOUSE BILL NO. 444                                                                             
     "An Act relating to buildings covered under the Alaska public                                  
     building fund; and providing for an effective date."                                           
                                                                                                    
HB 444 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
HB 523                                                                                            
A message dated May 11, 2002, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 523(TRA)                                                                 
     "An Act naming the state airport at the City of Unalaska the Tom                               
     Madsen Airport."                                                                               
                                                                                                    
CSHB 523(TRA) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                                                                                                    
HB 4                                                                                              
A message dated May 11, 2002, was read stating the Senate has passed                                
CSHB 4(FIN) am with the following amendment and it is transmitted                                   
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN)                                                     
     "An Act relating to motor vehicles and to operating a motor                                    
     vehicle, aircraft, or watercraft; and providing for an effective                               
     date."                                                                                         
                                                                                                    
CSHB 4(FIN) am is under Unfinished Business.                                                        
                                                                                                    

2002-05-12                     House Journal                      Page 3564
HB 128                                                                                            
A message dated May 11, 2002, was read stating the Senate has passed                                
CSHB 128(L&C)(efd add) with the following amendment and it is                                       
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 128(FIN)                                                   
     "An Act relating to the required approval of the commissioner of                               
     labor and workforce development for the employment of certain                                  
     minors; and providing for an effective date."                                                  
                                                                                                    
CSHB 128(L&C)(efd add) is under Unfinished Business.                                                
                                                                                                    
HB 206                                                                                            
A message dated May 11, 2002, was read stating the Senate has passed                                
CSHB 206(RLS) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     CS FOR HOUSE BILL NO. 206(RLS) am S                                                            
     "An Act relating to a vessel-based commercial fisheries limited                                
     entry system for the Bering Sea Korean hair crab fishery and for                               
     weathervane scallop fisheries, to management of offshore                                       
     fisheries, and to the definition of 'person' for purposes of the                               
     commercial fisheries entry program; and providing for an                                       
     effective date."                                                                               
                                                                                                    
CSHB 206(RLS) is under Unfinished Business.                                                         
                                                                                                    
HB 286                                                                                            
A message dated May 11, 2002, was read stating the Senate has passed                                
CSHB 286(RES) am with the following amendment and it is                                             
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 286(RES)                                                   
     "An Act allowing a person to hold two commercial fishing entry                                 
     permits for a salmon fishery for the purpose of consolidating the                              
     fishing fleet for a salmon fishery; relating to salmon fishery                                 
     associations and to salmon fishery assessments; and providing for                              
     an effective date."                                                                            
                                                                                                    
CSHB 286(RES) am is under Unfinished Business.                                                      
                                                                                                    

2002-05-12                     House Journal                      Page 3565
**The presence of Representatives Kohring and Guess was noted.                                      
                                                                                                    
SB 11                                                                                             
A message dated May 11, 2002, was received stating the Senate has                                   
adopted the Conference Committee report on CSSB 11(FIN) am H and                                    
CSSB 11(FIN), thus adopting:                                                                        
                                                                                                    
     CONFERENCE CS FOR SENATE BILL NO. 11                                                           
     "An Act relating to required school attendance; and providing for                              
     an effective date."                                                                            
                                                                                                    
The House has adopted CCS SB 11 (page 3517).                                                        
                                                                                                    
Messages dated May 11, 2002, were read stating the Senate has passed                                
the following and they are transmitted for consideration:                                           
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                           OF SENATE RESOLUTIONS                                                 
                                                                                                    
SCR 37                                                                                            
SENATE CONCURRENT RESOLUTION NO. 37 by the Senate                                                   
Labor & Commerce Committee:                                                                         
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 274,                                   
     relating to workers' compensation.                                                             
                                                                                                    
was read the first time.                                                                            
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                              OF SENATE BILLS                                                    
                                                                                                    
SB 54                                                                                             
CS FOR SENATE BILL NO. 54(FIN) by the Senate Finance                                                
Committee, entitled:                                                                                
                                                                                                    
     "An Act establishing the Alaska Veterans Advisory Council; and                                 
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2002-05-12                     House Journal                      Page 3566
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
SB 267                                                                                            
CS FOR SENATE BILL NO. 267(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
     "An Act establishing the Alaska veterans' memorial endowment                                   
     fund and providing for credits against certain taxes for                                       
     contributions to that fund; providing that the amount of each tax                              
     credit for contributions to the Alaska veterans' memorial                                      
     endowment fund on amounts that do not exceed $100,000 is 50                                    
     percent and on amounts that exceed $100,000 but do not exceed                                  
     $200,000 is 75 percent; relating to other tax credits for certain                              
     contributions; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 268                                                                                            
SENATE BILL NO. 268 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the issuance of state-guaranteed revenue bonds                             
     by the Alaska Housing Finance Corporation to finance mortgages                                 
     for qualifying veterans; and providing for an effective date."                                 
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
SB 371                                                                                            
CS FOR SENATE BILL NO. 371(RES) am by the Senate Resources                                          
Committee, entitled:                                                                                
                                                                                                    
     "An Act exempting the use of munitions in certain areas from a                                 
     waste disposal permit requirement of the Department of                                         
     Environmental Conservation; relating to general or nationwide                                  
     permits under the Alaska coastal management program and to                                     
     authorizations and permits issued by the Alaska Oil and Gas                                    
      Conservation Commission; and providing for an effective date."                               
                                                                                                    
which was held on the Chief Clerk's desk (page 3532), was read again                                
the first time and referred to the Rules Committee.                                                 

2002-05-12                     House Journal                      Page 3567
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
SB 180                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 180(FIN)(efd fld)                                                       
     "An Act implementing pay differentials based on geographic areas                               
     for certain state employees and for members of the Alaska State                                
     Defense Force; relating to cost-of-living differentials for state aid                          
     to municipalities."                                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Whitaker, Harris, Croft, Davies, Foster, Mulder,                                      
Williams                                                                                            
                                                                                                    
Do not pass (1):  Lancaster                                                                         
                                                                                                    
No recommendation (1):  Hudson                                                                      
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 180(FIN):                                            
                                                                                                    
5.  Fiscal, Alaska Court System                                                                     
6.  Fiscal, Dept. of Administration/All Depts.                                                      
                                                                                                    
                                                                                                    
CSSB 180(FIN)(efd fld) is on today's calendar.                                                      
                                                                                                    
                                                                                                    
SB 206                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2002-05-12                     House Journal                      Page 3568
     CS FOR SENATE BILL NO. 206(TRA)                                                                
     "An Act relating to registration plates and parking permits for                                
     persons with disabilities and to illegal use of parking spaces for                             
     persons with disabilities."                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 206(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Bunde, Whitaker, Harris, Croft, Davies, Lancaster,                                   
Hudson, Foster, Mulder, Williams                                                                    
                                                                                                    
No recommendation (1):  Moses                                                                       
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 206(FIN):                                            
                                                                                                    
2.  Zero, Dept. of Public Safety                                                                    
3.  Zero, Dept. of Administration                                                                   
                                                                                                    
CSSB 206(TRA) is on today's calendar.                                                               
                                                                                                    
SB 252                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     CS FOR SENATE BILL NO. 252(RLS)                                                                
     "An Act renaming the Alaska Human Resource Investment                                          
     Council as the Alaska Workforce Investment Board and relating to                               
     its membership; relating to repayment on promissory notes for                                  
     work-related items paid for by grant programs; extending the                                   
     termination date of the state training and employment program;                                 
     relating to employment and training activities; and providing for                              
     an effective date."                                                                            
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    

2002-05-12                     House Journal                      Page 3569
Do pass (2):  Crawford, Halcro                                                                      
                                                                                                    
No recommendation (4):  Rokeberg, Meyer, Hayes, Murkowski                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
4.  Fiscal, Dept. of Labor & Workforce Development                                                  
5.  Fiscal, Dept. of Labor & Workforce Development                                                  
6.  Fiscal, Dept. of Labor & Workforce Development                                                  
7.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
CSSB 252(RLS) was referred to the Finance Committee.                                                
                                                                                                    
SB 359                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 359(RLS)                                                                
     "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."                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 359(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (9):  Bunde, Whitaker, Harris, Croft, Davies, Lancaster,                                    
Foster, Mulder, Williams                                                                            
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 359(FIN):                                            
                                                                                                    
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
CSSB 359(RLS) is on today's calendar.                                                               
                                                                                                    
                                                                                                    

2002-05-12                     House Journal                      Page 3570
SB 364                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     SENATE BILL NO. 364                                                                            
     "An Act relating to medical services under the state Medicaid                                  
     program."                                                                                      
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Whitaker, Harris, Lancaster, Foster, Mulder, Williams                                 
                                                                                                    
Do not pass (2):  Croft, Davies                                                                     
                                                                                                    
No recommendation (1):  Bunde                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Health & Social Services                                                
                                                                                                    
SB 364 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 369                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 369(RLS)                                                                
     "An Act relating to trusts, including trust protectors, trustee                                
     advisors, and transfers of trust interests, and to creditors' claims                           
     against property subject to a power of appointment; and providing                              
     for an effective date."                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 369(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    

2002-05-12                     House Journal                      Page 3571
Do pass (2):  James, Rokeberg                                                                       
                                                                                                    
No recommendation (2):  Coghill, Meyer                                                              
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 369(JUD):                                            
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
CSSB 369(RLS) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                                                                                                    
**The presence of Representative Masek was noted.                                                   
                                                                                                    
                                                                                                    
SB 370                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     CS FOR SENATE BILL NO. 370(STA)                                                                
     "An Act establishing procedures relating to constitutional                                     
     conventions."                                                                                  
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Wilson, Fate, James, Coghill                                                          
                                                                                                    
Do not pass (1):  Crawford                                                                          
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
CSSB 370(STA) is on today's calendar.                                                               
                                                                                                    
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    

2002-05-12                     House Journal                      Page 3572
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                      SECOND READING OF SENATE BILLS                                             
                                                                                                    
SB 180                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 180(FIN)(efd fld)                                                       
     "An Act implementing pay differentials based on geographic areas                               
     for certain state employees and for members of the Alaska State                                
     Defense Force; relating to cost-of-living differentials for state aid                          
     to municipalities."                                                                            
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 STA RPT HCS(STA) 1DP 1NR 3AM                                         2950                          
 FN3: (ADM/ALL DEPTS)                                                 2950                          
 FN4: (CRT)                                                           2950                          
 FIN RPT HCS(FIN) 7DP 1DNP 1NR                                        3567                          
 FN5: (CRT)                                                           3567                          
 FN6: (ADM/ALL DEPTS)                                                 3567                          
                                                                                                    
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. 180(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
Representative Kohring objected.                                                                    
                                                                                                    
**The presence of Representative Joule was noted.                                                   
                                                                                                    
The question being: "Shall the House Finance Committee Substitute                                   
be adopted?"  The roll was taken with the following result:                                         
                                                                                                    
CSSB 180(FIN)(efd fld)                                                                              
Second Reading                                                                                      
Adopt Finance CS                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  25   NAYS:  4   EXCUSED:  0   ABSENT:  11                                                  

2002-05-12                     House Journal                      Page 3573
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Fate,                                   
Foster, Green, Harris, Hayes, Hudson, James, Joule, Kookesh,                                        
Morgan, Moses, Mulder, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                 
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Kohring, Lancaster, Masek, Meyer                                                             
                                                                                                    
Absent:  Bunde, Chenault, Dyson, Guess, Halcro, Kapsner, Kerttula,                                  
Kott, McGuire, Murkowski, Ogan                                                                      
                                                                                                    
And so, HCS CSSB 180(FIN) was adopted.                                                              
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSB 180(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 180(FIN) was read the third time.                                                          
                                                                                                    
**The presence of Representative Kapsner was noted.                                                 
                                                                                                    
                                                                                                    
The question being:  "Shall HCS CSSB 180(FIN) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 180(FIN)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  33   NAYS:  2   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                  
Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan,                                    
Moses, Mulder, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                         
Williams, Wilson                                                                                    
                                                                                                    
Nays:  James, Lancaster                                                                             
                                                                                                    
Absent:  Dyson, Kerttula, Kott, Murkowski, Ogan                                                     
                                                                                                    
And so, HCS CSSB 180(FIN) passed the House and was referred to                                      
the Chief Clerk for engrossment.                                                                    

2002-05-12                     House Journal                      Page 3574
SB 206                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 206(TRA)                                                                
     "An Act relating to registration plates and parking permits for                                
     persons with disabilities and to illegal use of parking spaces for                             
     persons with disabilities."                                                                    
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 STA RPT 6DP                                                          2738                          
 FN2: ZERO(DPS)                                                       2738                          
 FN3: ZERO(ADM)                                                       2738                          
 FIN RPT HCS(FIN) 10DP 1NR                                            3567                          
 FN2: ZERO(DPS)                                                       3568                          
 FN3: ZERO(ADM)                                                       3568                          
                                                                                                    
**The presence of Representative 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. 206(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered by Representative Berkowitz:                                            
                                                                                                    
Page 4, lines 27 - 28:                                                                              
 Delete "and perform eight hours of community service"                                          
                                                                                                    
Page 4, line 29:                                                                                    
 Delete "and perform 16 hours of community service"                                             
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.  Objection was heard and withdrawn.                                     
There being no further objection, it was so ordered.                                                

2002-05-12                     House Journal                      Page 3575
Representative James moved and asked unanimous consent that HCS                                     
CSSB 206(FIN) am H be considered engrossed, advanced to third                                       
reading, and placed on final passage.                                                               
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that HCS CSSB 206(FIN) am H will be in third                                     
reading on tomorrow's calendar.                                                                     
                                                                                                    
                                                                                                    
SB 219                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 219(FIN)                                                                
     "An Act establishing and relating to the Navigable Waters                                      
     Commission for Alaska."                                                                        
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 FIN RPT 7DP 2NR                                                      3512                          
 FN1: (LAA/DNR)                                                       3513                          
                                                                                                    
Representative James moved and asked unanimous consent that CSSB                                    
219(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSSB 219(FIN) will be in third reading on                                   
tomorrow's calendar.                                                                                
                                                                                                    
                                                                                                    
SB 279                                                                                            
The following was read the second time:                                                             
                                                                                                    
     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."                                                                               

2002-05-12                     House Journal                      Page 3576
with the:                                                     Journal Page                          
                                                                                                    
 FIN RPT 8DP                                                          3486                          
 FN1: ZERO(DFG)                                                       3486                          
                                                                                                    
Amendment No. 1 was offered by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 1:                                                                                     
 Delete "the spouse"                                                                                
 Insert "one companion"                                                                             
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative James objected.                                                                      
                                                                                                    
Representative Berkowitz moved and asked unanimous consent to                                       
withdraw Amendment No. 1.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was not offered.                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSSB                                    
279(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSSB 279(FIN) will be in third reading on                                   
tomorrow's calendar.                                                                                
                                                                                                    
                                                                                                    
SB 359                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 359(RLS)                                                                
     "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."                                      

2002-05-12                     House Journal                      Page 3577
with the:                                                     Journal Page                          
                                                                                                    
 FIN RPT HCS(FIN) 9DP                                                 3569                          
 FN2: (CED)                                                           3569                          
                                                                                                    
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. 359(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSB 359(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 359(FIN) was read the third time.                                                          
                                                                                                    
The question being:  "Shall HCS CSSB 359(FIN) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 359(FIN)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  0   ABSENT:  6                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                          
Lancaster, McGuire, Meyer, Moses, Porter, Rokeberg, Scalzi, Stevens,                                
Whitaker, Williams                                                                                  
                                                                                                    
Nays:  Morgan                                                                                       
                                                                                                    
Absent:  Kott, Masek, Mulder, Murkowski, Ogan, Wilson                                               
                                                                                                    
And so, HCS CSSB 359(FIN) passed the House.                                                         
                                                                                                    
Representative Davies gave notice of reconsideration of the vote on                                 
HCS CSSB 359(FIN).                                                                                  

2002-05-12                     House Journal                      Page 3578
                              RECONSIDERATION                                                    
                                                                                                    
SB 359                                                                                            
Representative Davies moved and asked unanimous consent that the                                    
reconsideration of HCS CSSB 359(FIN) be taken up on the same day.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
HCS CSSB 359(FIN) was again before the House in third reading.                                      
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 359(FIN) pass the                                 
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 359(FIN)--RECONSIDERATION                                                                  
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies,                                  
Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James,                                    
Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Masek,                                       
McGuire, Meyer, Morgan, Moses, Mulder, Ogan, Porter, Rokeberg,                                      
Scalzi, Stevens, Whitaker, Williams                                                                 
                                                                                                    
Absent:  Chenault, Halcro, Kott, Murkowski, Wilson                                                  
                                                                                                    
And so, HCS CSSB 359(FIN) passed the House on reconsideration                                       
and was referred to the Chief Clerk for engrossment.                                                
                                                                                                    
                                                                                                    
                      SECOND READING OF SENATE BILLS                                             
                                (continued)                                                        
                                                                                                    
SB 370                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 370(STA)                                                                
     "An Act establishing procedures relating to constitutional                                     
     conventions."                                                                                  
                                                                                                    

2002-05-12                     House Journal                      Page 3579
with the:                                                     Journal Page                          
                                                                                                    
 STA RPT 4DP 1DNP                                                     3571                          
 FN1: ZERO(GOV)                                                       3571                          
                                                                                                    
                                                                                                    
Amendment No. 1 was offered by Representative Cissna:                                               
                                                                                                    
Page 1, line 15, following "convention":                                                        
                                                                                                    
 Insert ".  Delegates to the convention shall not have served in a                              
state elective office or served as a registered lobbyist currently or                           
in the previous four years"                                                                     
                                                                                                    
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Bunde objected.                                                                      
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered by Representative                                          
Cissna:                                                                                             
                                                                                                    
 Delete "have served in a state elective office or served as a                                  
registered lobbyist currently or in the previous four years"                                    
                                                                                                    
 Insert "currently be serving as an elected official or serving as                              
a paid registered lobbyist"                                                                     
                                                                                                    
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment to Amendment No. 1 be adopted.                                                            
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
                                                                                                    
Representative Cissna moved and asked unanimous consent to                                          
withdraw Amendment to Amendment No. 1.  There being no                                              
objection, it was so ordered.                                                                       

2002-05-12                     House Journal                      Page 3580
Representative Cissna moved and asked unanimous consent to                                          
withdraw Amendment No. 1.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
New Amendment No. 1 was offered by Representative Cissna:                                           
                                                                                                    
Page 1, line 15, following "convention":                                                        
                                                                                                    
 Insert ".  Delegates to the convention shall not currently be                                  
serving as a state elected official or serving as a paid registered                             
lobbyist"                                                                                       
                                                                                                    
Representative Cissna moved and asked unanimous consent that New                                    
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Ogan placed a call of the House.                                                     
                                                                                                    
The Speaker stated that the call was satisfied.                                                     
                                                                                                    
The question being:  "Shall New Amendment No. 1 be adopted?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSSB 370(STA)                                                                                       
Second Reading                                                                                      
New Amendment No. 1                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  11   NAYS:  29   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Guess, Halcro, Joule,                                    
Kapsner, Kerttula, Kookesh, Moses                                                                   
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green,                                
Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek,                                      
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter,                                            
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
And so, New Amendment No. 1 was not adopted.                                                        
                                                                                                    
                                                                                                    

2002-05-12                     House Journal                      Page 3581
Amendment No. 2 was offered by Representatives Kerttula and                                         
Berkowitz :                                                                                         
                                                                                                    
Page 1, line 12, following "governor issues the call.":                                         
 Insert "The election shall be nonpartisan."                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 370(STA)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  34   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                  
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster,                                       
McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Scalzi, Stevens,                                  
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Dyson, Kott, Masek, Mulder, Ogan, Rokeberg                                                   
                                                                                                    
Scalzi changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
                                                                                                    
Amendment No. 3 was offered by Representative Green:                                                
                                                                                                    
Page 1, line 13:                                                                                    
 Delete "and one from each senate district"                                                     
                                                                                                    
Representative Green moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   

2002-05-12                     House Journal                      Page 3582
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 370(STA) am H                                                                                  
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  18   NAYS:  19   EXCUSED:  0   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Davies, Dyson, Green, Halcro,                                    
Hayes, Joule, Kapsner, Kerttula, Kookesh, McGuire, Morgan, Moses,                                   
Murkowski, Scalzi, Stevens                                                                          
                                                                                                    
Nays:  Bunde, Chenault, Cissna, Coghill, Fate, Foster, Guess, Harris,                               
Hudson, James, Kohring, Lancaster, Masek, Meyer, Ogan, Porter,                                      
Rokeberg, Whitaker, Wilson                                                                          
                                                                                                    
Absent:  Kott, Mulder, Williams                                                                     
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 4 was offered by Representative Croft:                                                
                                                                                                    
Page 1, line 3 through page 2, line 2:                                                              
 Delete all material.                                                                               
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 370(STA) am H                                                                                  
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
                                                                                                    
YEAS:  14   NAYS:  23   EXCUSED:  0   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Halcro,                                   
Hudson, Joule, Kapsner, Kerttula, Kohring, Kookesh, Moses                                           
                                                                                                    

2002-05-12                     House Journal                      Page 3583
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Guess, Harris,                                
Hayes, James, Lancaster, Masek, McGuire, Meyer, Morgan,                                             
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Wilson                                                                                              
                                                                                                    
Absent:  Kott, Mulder, Williams                                                                     
                                                                                                    
Ogan changed from "Yea" to "Nay".                                                                   
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSSB                                    
370(STA) am H be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSSB 370(STA) am H will be in third reading                                 
on tomorrow's calendar.                                                                             
                                                                                                    
                                                                                                    
SB 371                                                                                            
The following is in the Rules Committee:                                                            
                                                                                                    
     CS FOR SENATE BILL NO. 371(RES) am                                                             
     "An Act exempting the use of munitions in certain areas from a                                 
     waste disposal permit requirement of the Department of                                         
     Environmental Conservation; relating to general or nationwide                                  
     permits under the Alaska coastal management program and to                                     
     authorizations and permits issued by the Alaska Oil and Gas                                    
      Conservation Commission; and providing for an effective date."                               
                                                                                                    
                                                                                                    
The Speaker stated that the House would stand at ease; and so, the                                  
House stood at ease at 3:23 p.m.                                                                    
                                                                                                    
                               AFTER AT EASE                                                     
                                                                                                    
The Speaker called the House back to order at 6:11 p.m.                                             
                                                                                                    

2002-05-12                     House Journal                      Page 3584
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                (continued)                                                        
                                                                                                    
                       THIRD READING OF SENATE BILLS                                             
                                                                                                    
SB 100                                                                                            
The following, which was advanced to third reading from the May 11,                                 
2002, calendar (page 3522), was read the third time:                                                
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                  
     100(RLS)(title am)                                                                             
     "An Act relating to regulation and operation of personal motor                                 
     vehicles."                                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall CSSSSB 100(RLS)(title am) pass the                                      
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSSSSB 100(RLS)(title am)                                                                           
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  0   ABSENT:  8                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                     
Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                     
Wilson                                                                                              
                                                                                                    
Absent:  Joule, Kapsner, Kerttula, Kookesh, Morgan, Moses, Ogan,                                    
Williams                                                                                            
                                                                                                    
And so, CSSSSB 100(RLS)(title am) passed the House.                                                 
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on CSSSSB 100(RLS)(title am).                                                                       
                                                                                                    
                                                                                                    
Representative Ogan was excused from a call of the House today                                      
because of illness.                                                                                 

2002-05-12                     House Journal                      Page 3585
SB 115                                                                                            
The Speaker stated that, without objection, the following, which was                                
advanced to third reading from the May 11, 2002, calendar (page                                     
3528), would be moved to the bottom of the calendar:                                                
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 115(RLS)                                                          
     "An Act relating to the Board of Marital and Family Therapy and                                
     the practitioners of marital and family therapy; extending the                                 
     termination date of the Board of Storage Tank Assistance; setting                              
     timelines for issuance of final orders by the Regulatory                                       
     Commission of Alaska, amending the authority of the commission                                 
     to enter compromise settlement orders, and extending the                                       
     commission's termination date to June 30, 2006; relating to an                                 
     exemption that allows one bill to continue more than one board,                                
     commission, or agency program; and providing for an effective                                  
     date."                                                                                         
                                                                                                    
SB 161                                                                                            
The following, which was advanced to third reading from the May 11,                                 
2002, calendar (page 3525), was read the third time:                                                
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 161(JUD)                                                   
     (efd am H)                                                                                     
     "An Act relating to the withholding of salary of justices, judges,                             
     and magistrates; relating to prompt decisions by justices, judges,                             
     and magistrates; relating to judicial retention elections for judicial                         
     officers; and providing for an effective date."                                                
                                                                                                    
The question being:  "Shall HCS CSSB 161(JUD)(efd am H) pass the                                    
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 161(JUD)(efd am H)                                                                         
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  24   NAYS:  13   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
James, Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Mulder,                                      
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                   
Wilson                                                                                              
                                                                                                    

2002-05-12                     House Journal                      Page 3586
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh                                                    
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  McGuire, Moses                                                                             
                                                                                                    
And so, HCS CSSB 161(JUD)(efd am H) passed the House.                                               
                                                                                                    
                                                                                                    
Representative James moved the effective date clause.                                               
                                                                                                    
The question being: "Shall the effective date clause be adopted?"  The                              
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSB 161(JUD)(efd am H)                                                                         
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, Meyer, Morgan, Mulder, Murkowski, Porter,                                         
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  McGuire, Moses                                                                             
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCS CSSB 161(JUD)(efd am H).                                                                     
                                                                                                    
                                                                                                    
SB 222                                                                                            
The following, which was advanced to third reading from the May 11,                                 
2002, calendar (page 3529), was read the third time:                                                
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 222(RLS) am H                                              
     "An Act relating to certain motor vehicles that are required to                                
     yield to following traffic."                                                                   

2002-05-12                     House Journal                      Page 3587
The question being:  "Shall HCS CSSB 222(RLS) am H pass the                                         
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 222(RLS) am H                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  34   NAYS:  3   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                 
Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                        
McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi,                                        
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Fate, Green, Porter                                                                          
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Dyson, Moses                                                                               
                                                                                                    
And so, HCS CSSB 222(RLS) am H passed the House.                                                    
                                                                                                    
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCS CSSB 222(RLS) am H.                                                                          
                                                                                                    
                                                                                                    
SB 235                                                                                            
The following, which was advanced to third reading from the May 11,                                 
2002, calendar (page 3529), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 235(STA)                                                                
     "An Act relating to emergency and disaster relief forces as state                              
     employees for purposes of workers' compensation benefits;                                      
     relating to the Emergency Management Assistance Compact and                                    
     the implementation of the compact; and providing for an effective                              
     date."                                                                                         
                                                                                                    
                                                                                                    
The question being:  "Shall CSSB 235(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    

2002-05-12                     House Journal                      Page 3588
                                                                                                    
CSSB 235(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                       
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSSB 235(STA) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on CSSB 235(STA).                                                                                   
                                                                                                    
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
HCR 34                                                                                            
Representative James moved and asked unanimous consent that the                                     
following be taken up as a Special Order of Business at this time:                                  
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 34                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 270,                                  
     relating to dispensing opticians.                                                              
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the motion would be                                     
withdrawn.                                                                                          
                                                                                                    

2002-05-12                     House Journal                      Page 3589
                       THIRD READING OF HOUSE BILLS                                              
                                (continued)                                                        
                                                                                                    
SB 270                                                                                            
The following, which was advanced to third reading from the May 11,                                 
2002, calendar (page 3531), was read the third time:                                                
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 270(RLS)                                                   
     "An Act extending the termination date of the Board of                                         
     Dispensing Opticians; relating to the regulation of dispensing                                 
     opticians; relating to the use of pharmaceutical agents in the                                 
     practice of optometry; and providing for an effective date."                                   
                                                                                                    
                                                                                                    
Representative Fate moved and asked unanimous consent that HCS                                      
CSSB 270(RLS) be returned to second reading for the specific purpose                                
of considering Amendment No. 1.                                                                     
                                                                                                    
Representative Kott objected.                                                                       
                                                                                                    
The question being:  "Shall HCS CSSB 270(RLS) be returned to                                        
second reading for the specific purpose of considering Amendment                                    
No. 1?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 270(RLS)                                                                                   
Third Reading                                                                                       
Return to Second for Amendment No. 1                                                                
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  32   NAYS:  5   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies,                                  
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kookesh, Lancaster, Masek,                                         
McGuire, Meyer, Morgan, Murkowski, Rokeberg, Scalzi, Stevens,                                       
Whitaker, Wilson                                                                                    
                                                                                                    
Nays:  Chenault, Kohring, Kott, Mulder, Porter                                                      
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Moses, Williams                                                                            
                                                                                                    
And so, HCS CSSB 270(RLS) was returned to second reading.                                           

2002-05-12                     House Journal                      Page 3590
Amendment No. 1 was offered by Representatives Fate, McGuire, and                                   
Berkowitz:                                                                                          
                                                                                                    
Page 1, lines 2 - 3 (title amendment):                                                              
 Delete "relating to the use of pharmaceutical agents in the                                      
practice of optometry;"                                                                           
                                                                                                    
Page 5, line 9, through page 6, line 31:                                                            
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, lines 2 - 18:                                                                               
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Page 7, line 19:                                                                                    
 Delete "Sections 1 - 11 and 15 of this Act take"                                                   
 Insert "This Act takes"                                                                            
                                                                                                    
                                                                                                    
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Kott objected.                                                                       
                                                                                                    
Representatives McGuire and Dyson 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 Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 270(RLS)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  23   NAYS:  15   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    

2002-05-12                     House Journal                      Page 3591
Yeas:  Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies,                                  
Dyson, Fate, Green, Guess, Hayes, Hudson, Joule, Kapsner, Lancaster,                                
Masek, McGuire, Morgan, Rokeberg, Scalzi, Whitaker, Wilson                                          
                                                                                                    
Nays:  Chenault, Foster, Halcro, Harris, James, Kerttula, Kohring,                                  
Kookesh, Kott, Meyer, Mulder, Murkowski, Porter, Stevens, Williams                                  
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
The following was before the House in third reading:                                                
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 270(RLS) am H                                              
     "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."                                               
                                                                                                    
                                                                                                    
The question being:  "Shall HCS CSSB 270(RLS) am H pass the                                         
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 270(RLS) am H                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  36   NAYS:  2   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek,                                  
McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg,                                        
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Nays:  James, Kohring                                                                               
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, HCS CSSB 270(RLS) am H passed the House.                                                    

2002-05-12                     House Journal                      Page 3592
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adopt the House Labor & Commerce Committee letter of intent                                   
(page 3463).  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
Representative Kott gave notice of reconsideration of the vote on HCS                               
CSSB 270(RLS) am H.                                                                                 
                                                                                                    
                                                                                                    
SB 115                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3585), was read the third time:                                                               
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 115(RLS)                                                          
     "An Act relating to the Board of Marital and Family Therapy and                                
     the practitioners of marital and family therapy; extending the                                 
     termination date of the Board of Storage Tank Assistance; setting                              
     timelines for issuance of final orders by the Regulatory                                       
     Commission of Alaska, amending the authority of the commission                                 
     to enter compromise settlement orders, and extending the                                       
     commission's termination date to June 30, 2006; relating to an                                 
     exemption that allows one bill to continue more than one board,                                
     commission, or agency program; and providing for an effective                                  
     date."                                                                                         
                                                                                                    
 (HCR 31 - title change resolution)                                                                 
                                                                                                    
                                                                                                    
Representative Dyson moved and asked unanimous consent that HCS                                     
SB 115(RLS) be returned to second reading for the specific purpose of                               
considering Amendment No. 1.                                                                        
                                                                                                    
Representative Berkowitz objected and withdrew the objection.  There                                
being no further objection, it was so ordered.                                                      
                                                                                                    
Amendment No. 1 was offered by Representatives Dyson and Croft:                                     

2002-05-12                     House Journal                      Page 3593
Page 1, line 5 (title amendment):                                                                   
     Delete "2006"                                                                                
     Insert "2004"                                                                                
                                                                                                    
Page 8, line 3:                                                                                     
     Delete "2006"                                                                              
     Insert "2004"                                                                              
                                                                                                    
Page 8, line 18:                                                                                    
     Delete all material and insert:                                                                
   "* Sec. 14.  The uncodified law of the State of Alaska is amended by                           
adding a new section to read:                                                                       
     NOTICE OF EFFECTIVE DATE.  The commissioner of                                                 
administration shall notify the revisor of statutes of the date secs. 8, 9,                         
10, and 13 of this Act take effect.                                                                 
   * Sec. 15.  Sections 8, 9, 10, and 13 of this Act take effect on the                           
date the commissioner of administration certifies that the State of                                 
Alaska has entered into the contract for a telecommunications study of                              
the current telecommunications regulatory environment and                                           
infrastructure funded by the appropriation for a study of information                               
services technology made in sec. 1, ch. 60, SLA 2001, page 4, lines                                 
27 - 28."                                                                                           
                                                                                                    
Representative Dyson moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Mulder objected and withdrew the objection.  There                                   
being no further objection, it was so ordered and the new title follows:                            
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 115(RLS) am H                                                     
     "An Act relating to the Board of Marital and Family Therapy and                                
     the practitioners of marital and family therapy; extending the                                 
     termination date of the Board of Storage Tank Assistance; setting                              
     timelines for issuance of final orders by the Regulatory                                       
     Commission of Alaska, amending the authority of the commission                                 
     to enter compromise settlement orders, and extending the                                       
     commission's termination date to June 30, 2004; relating to an                                 
     exemption that allows one bill to continue more than one board,                                
     commission, or agency program; and providing for an effective                                  
     date."                                                                                         

2002-05-12                     House Journal                      Page 3594
Representative Guess moved and asked unanimous consent that she be                                  
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Guess was required to vote.                                           
                                                                                                    
The question being:  "Shall HCS SB 115(RLS) am H pass the House?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
HCS SB 115(RLS) am H                                                                                
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  35   NAYS:  1   EXCUSED:  1   ABSENT:  3                                                   
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster,                                  
McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg,                                        
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Croft, Masek, Moses                                                                        
                                                                                                    
And so, HCS SB 115(RLS) am H passed the House.                                                      
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
HCR 31                                                                                            
Representative James moved and asked unanimous consent that the                                     
following be taken up as a Special Order of Business at this time:                                  
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 31                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 115,                                  
     relating to the Board of Storage Tank Assistance.                                              
                                                                                                    
There being no objection, it was so ordered.                                                        

2002-05-12                     House Journal                      Page 3595
The question being:  "Shall HCR 31 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 31                                                                                              
Special Order of Business                                                                           
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  34   NAYS:  1   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kerttula, Kookesh, Kott, Lancaster, McGuire,                                  
Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Croft, Kapsner, Masek, Moses                                                               
                                                                                                    
And so, HCR 31 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                (continued)                                                        
                                                                                                    
                           LEGISLATIVE CITATIONS                                                 
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
                                                                                                    
Honoring - 18th Fighter Squadron for Participation in Operation                                     
Enduring Freedom in Afghanistan                                                                     
By Senator Leman; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens,                                          
Williams, Wilson                                                                                    
                                                                                                    

2002-05-12                     House Journal                      Page 3596
Honoring - Scott Schnell on His 30th Year with the Municipality of                                  
Anchorage                                                                                           
By Senators Phillips, Halford; Representatives Porter, Berkowitz,                                   
Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                   
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams                                                
                                                                                                    
Honoring - Raven and Arctic Americorps Members, 2001-2002                                           
By Senator Lincoln; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens,                                          
Williams, Wilson                                                                                    
                                                                                                    
In Memoriam - Dorris Whitt                                                                          
By Senator Lincoln; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
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, Wilson                                                                           
                                                                                                    
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 402                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 3507) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 402(FIN)                                                                 
     "An Act relating to diversion payments, wage subsidies, cash                                   
     assistance, and self-sufficiency services provided under the Alaska                            
     temporary assistance program; relating to the food stamp program;                              
     relating to child support cases that include persons who receive                               
     cash assistance or self-sufficiency services under the Alaska                                  
     temporary assistance program; and providing for an effective                                   
     date."                                                                                         

2002-05-12                     House Journal                      Page 3597
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 402(HES)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to CSHB 402(FIN), thus adopting SCS CSHB 402(HES),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 402(FIN)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 402(HES)                                                                                   
Concur                                                                                              
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                          
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                       
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Kott, Moses                                                                                
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 402(HES).                                                                                  
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
SCS CSHB 402(HES) was referred to the Chief Clerk for enrollment.                                   

2002-05-12                     House Journal                      Page 3598
HB 4                                                                                              
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 3563) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 4(FIN) am                                                                
     "An Act relating to motor vehicles and to operating a motor                                    
     vehicle, aircraft, or watercraft; and providing for an effective                               
     date."                                                                                         
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN)                                                     
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to CSHB 4(FIN) am, thus adopting SCS CSHB 4(FIN),                                         
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 4(FIN) am?"  The roll was taken with the                                          
following result:                                                                                   
                                                                                                    
SCS CSHB 4(FIN)                                                                                     
Concur                                                                                              
                                                                                                    
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                          
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                       
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Croft, Kott, Moses                                                                         
                                                                                                    
Kohring changed from "Nay" to "Yea".                                                                
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 4(FIN).                                                                                    

2002-05-12                     House Journal                      Page 3599
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
SCS CSHB 4(FIN) was referred to the Chief Clerk for enrollment.                                     
                                                                                                    
                                                                                                    
HB 128                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 3564) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 128(L&C)(efd add)                                                        
     "An Act relating to the required approval of the commissioner of                               
     labor and workforce development for the employment of certain                                  
     minors; and providing for an effective date."                                                  
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 128(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to CSHB 128(L&C)(efd add), thus adopting SCS CSHB                                         
128(FIN), and recommended that the members vote yes.                                                
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 128(L&C)(efd add)?"  The roll was taken with                                      
the following result:                                                                               
                                                                                                    
SCS CSHB 128(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    

2002-05-12                     House Journal                      Page 3600
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                          
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                       
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Kott, Moses                                                                                
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 128(FIN).                                                                                  
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
SCS CSHB 128(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
SB 83                                                                                             
The Speaker waived the Community & Regional Affairs Committee                                       
referral for the following at the request of Representative Morgan,                                 
Co-chair:                                                                                           
                                                                                                    
     CS FOR SENATE BILL NO. 83(FIN) am                                                              
     "An Act relating to construction of highways by the Department                                 
     of Transportation and Public Facilities and to contracts for the                               
     construction of highways."                                                                     
                                                                                                    
CSSB 83(FIN) am was removed from the Community & Regional                                           
Affairs Committee and referred to the Transportation Committee.                                     
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
A message dated May 12, 2002, was read stating the Senate has passed                                
the following and it is transmitted for consideration:                                              

2002-05-12                     House Journal                      Page 3601
                        FIRST READING AND REFERENCE                                              
                              OF SENATE BILLS                                                    
                                                                                                    
SB 324                                                                                            
CS FOR SENATE BILL NO. 324(L&C) by the Senate Labor &                                               
Commerce Committee, entitled:                                                                       
                                                                                                    
     "An Act providing that a utility or electric operating entity owned                            
     and operated by a political subdivision of the state competing                                 
     directly with a telecommunications utility is not subject to the                               
     Alaska Public Utilities Regulatory Act."                                                       
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
SB 326                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was signed by the Speaker and Chief Clerk and returned to the                              
Senate:                                                                                             
                                                                                                    
                                                                                                    
     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."                                                              
                                                                                                    
                                                                                                    
SB 356                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was signed by the Speaker and Chief Clerk and returned to the                              
Senate:                                                                                             
                                                                                                    
                                                                                                    
     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."                             
                                                                                                    

2002-05-12                     House Journal                      Page 3602
                                ENGROSSMENT                                                      
                                                                                                    
HCR 31                                                                                            
HCR 31 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
SB 140                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
     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."                              
                                                                                                    
SB 180                                                                                            
HCS CSSB 180(FIN) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 302                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
     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."                                                           
                                                                                                    
SB 359                                                                                            
HCS CSSB 359(FIN) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2002-05-12                     House Journal                      Page 3603
                               ANNOUNCEMENTS                                                     
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber                upon adj., 5/12                          
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Finance Committee                                                                                   
CHANGED TO:                           Following Majority Caucus, 5/12                               
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., May 13, 2002, There being no                                        
objection, the House adjourned at 7:54 p.m.                                                         
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk