Legislature(2001 - 2002)

2002-05-20 House Journal

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2002-05-20                     House Journal                      Page 3919
                                                                                                    
                                HOUSE JOURNAL                                                    
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                          TWENTY-SECOND LEGISLATURE                                              
                                                                                                    
                           SECOND SPECIAL SESSION                                                
                                                                                                    
Juneau, Alaska                     Monday                     May 20, 2002                        
                                                                                                    
                                 Fourth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 6:41 p.m.                                                                                 
                                                                                                    
Roll call showed 36 members present.  Representative Davies had                                     
been previously excused from a call of the House today.                                             
Representative Ogan was excused from a call of the House today                                      
because of illness.  Representative Kookesh was absent and his                                      
presence was noted later.                                                                           
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Moses be excused from a call of the House from today                                 
until 9:30 a.m., May 23, 2002.  There being no objection, it was so                                 
ordered.                                                                                            
                                                                                                    
                                                                                                    
The invocation was offered by Representative Hudson, Chaplain                                       
Designee.  Representative Coghill moved and asked unanimous                                         
consent that the invocation be spread on the journal.  There being no                               
objection, it was so ordered.                                                                       
                                                                                                    
     Heavenly Father,                                                                               
                                                                                                    
     We are filled with wonder and amazement over the beauty                                        
     that surrounds us.  We see the majesty of Your mountains and                                   
     the rivers that teem with your creatures.  We warm to the                                      
     touch and gentle smiles of our family and friends and feel that                                
     instant bond.                                                                                  
                                                                                                    

2002-05-20                     House Journal                      Page 3920
     We are about to wind down our duties as Representatives of                                     
     our neighbors; and time, fatigue, and uncertainty fill us with                                 
     apprehension.  Help us to bridge the gap between peace and                                     
     tranquility and the weight of responsibility.                                                  
                                                                                                    
     Lord, bless every man and woman on this floor.  Give us                                        
     peace.  Give us understanding.  Give us patience and instill us                                
     with brotherly and sisterly love.  We ask this in the name of                                  
     Jesus, the Christ.  Amen.                                                                      
                                                                                                    
The Pledge of Allegiance was led by Representative Kerttula.                                        
                                                                                                    
                                                                                                    
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 123rd legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                         MESSAGES FROM THE GOVERNOR                                              
                                                                                                    
The following Governor's proclamation, dated May 19, 2002, was                                      
received:                                                                                           
                                                                                                    
"Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                       
Constitution, and in the public interest, I call the Twenty-Second                                  
Legislature of the State of Alaska into its third special session at                                
Juneau, Alaska, in the legislative chambers on the day after                                        
adjournment of the second special session at 2 p.m., to consider the                                
following subjects:                                                                                 
                                                                                                    
1.  a law or laws relating to (a) housing and services for veterans, (b)                            
the advisory board for the home, (c) making other amendments to the                                 
statutes relating to the home, (d) changing the name of the Alaska                                  
Pioneers' Home to the Alaska Pioneers' and Veterans' Home and the                                   
name of the Alaska Pioneers' Homes Advisory Board to the Alaska                                     
Pioneers' and Veterans' Home Advisory Board, and (e) appropriations                                 
necessary to implement the foregoing provisions;                                                    
                                                                                                    

2002-05-20                     House Journal                      Page 3921
2.  a law establishing the Alaska Veterans Advisory Council; and                                    
                                                                                                    
3.  a law extending the termination date of the Regulatory Commission                               
of Alaska to June 30, 2006; setting timelines for issuance of final                                 
orders by the commission and amending the authority of the                                          
commission to enter compromise settlement orders.                                                   
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Tony Knowles                                                       
                                  Governor"                                                        
                                                                                                    
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HCR 201                                                                                           
A message dated May 19, 2002, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 201                                                            
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 2006,                                 
     relating to making and amending appropriations and                                             
     reappropriations.                                                                              
                                                                                                    
HCR 201 was referred to the Chief Clerk for enrollment.                                             
                                                                                                    
SB 2006                                                                                           
A message dated May 19, 2002, was read stating the Senate has                                       
concurred in the House amendment to:                                                                
                                                                                                    
     CS FOR SENATE BILL NO. 2006(FIN)                                                               
     "An Act making and amending appropriations and                                                 
     reappropriations; and providing for an effective date."                                        
                                                                                                    
thus adopting:                                                                                      
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 2006(FIN) am H                                             
     "An Act making and amending appropriations and                                                 
     reappropriations; making appropriations under art. IX, sec. 17(c),                             

2002-05-20                     House Journal                      Page 3922
     Constitution of the State of Alaska, from the constitutional budget                            
     reserve fund; and providing for an effective date."                                            
                                                                                                    
 (HCR 201 - title change resolution)                                                                
                                                                                                    
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
SB 2001                                                                                           
The Finance Committee has considered:                                                               
                                                                                                    
     SENATE BILL NO. 2001                                                                           
     "An Act changing the name of the Alaska Pioneers' Home to the                                  
     Alaska Pioneers' and Veterans' Home and of the Alaska Pioneers'                                
     Homes Advisory Board to the Alaska Pioneers' and Veterans'                                     
     Home Advisory Board; relating to housing and services for                                      
     veterans; relating to the advisory board for the home; making                                  
     other amendments to the statutes relating to the home; and                                     
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 2001(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, Lancaster, Hudson,                                    
Foster, Mulder, Williams                                                                            
                                                                                                    
The following fiscal note(s) apply to HCS SB 2001(FIN):                                             
                                                                                                    
2.  Zero, House Finance Committee/Dept. of Administration                                           
                                                                                                    
SB 2001 is on today's calendar.                                                                     
                                                                                                    
SB 2009                                                                                           
The Finance Committee has considered:                                                               
                                                                                                    

2002-05-20                     House Journal                      Page 3923
     SENATE BILL NO. 2009                                                                           
     "An Act establishing the Alaska Veterans Advisory Council; and                                 
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 2009(FIN)                                                         
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Bunde, Whitaker, Harris, Lancaster, Hudson, Foster,                                   
Mulder, Williams                                                                                    
                                                                                                    
No recommendation (1):  Croft                                                                       
                                                                                                    
The following fiscal note(s) apply to HCS SB 2009(FIN):                                             
                                                                                                    
2.  Zero, House Finance Committee/Dept. of Military & Veterans'                                     
Affairs                                                                                             
                                                                                                    
SB 2009 is on today's calendar.                                                                     
                                                                                                    
                                                                                                    
**The presence of Representative Kookesh was noted.                                                 
                                                                                                    
                                                                                                    
                     CONSIDERATION OF THE DAILY CALENDAR                                         
                                                                                                    
                       SECOND READING OF SENATE BILLS                                            
                                                                                                    
SB 2001                                                                                           
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 2001                                                                           
     "An Act changing the name of the Alaska Pioneers' Home to the                                  
     Alaska Pioneers' and Veterans' Home and of the Alaska Pioneers'                                
     Homes Advisory Board to the Alaska Pioneers' and Veterans'                                     
     Home Advisory Board; relating to housing and services for                                      

2002-05-20                     House Journal                      Page 3924
     veterans; relating to the advisory board for the home; making                                  
     other amendments to the statutes relating to the home; and                                     
     providing for an effective date."                                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 STA REFERRAL WAIVED REFERRED TO FIN                                    3915                        
 FIN RPT HCS(FIN) 9DP                                                   3922                        
 FN2: ZERO(H.FIN/ADM)                                                   3922                        
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 2001(FIN)                                                         
     (same title)                                                                                   
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The question being: "Shall the Finance Committee substitute be                                      
adopted ?"  The roll was taken with the following result:                                           
                                                                                                    
SB 2001                                                                                             
Second Reading                                                                                      
Adopt Finance CS                                                                                    
                                                                                                    
YEAS:  26   NAYS:  11   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire,                                    
Meyer, Morgan, Mulder, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                 
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Guess, Hayes, Joule,                                     
Kapsner, Kerttula, Kookesh, Murkowski                                                               
                                                                                                    
Excused:  Davies, Moses, Ogan                                                                       
                                                                                                    
And so, HCS SB 2001(FIN) was adopted.                                                               
                                                                                                    
Amendment No. 1 was offered by Representative Croft:                                                
                                                                                                    

2002-05-20                     House Journal                      Page 3925
Page 6, line 11:                                                                                    
 Delete ", until June 30, 2005,"                                                                    
                                                                                                    
Page 6, line 29:                                                                                    
 Delete "until July 1, 2005"                                                                        
                                                                                                    
Page 6, line 30 - 31:                                                                               
 Delete "Beginning July 1, 2005, the Alaska Pioneers' and                                           
Veterans' Home shall be known as the Alaska Pioneer's Home."                                        
                                                                                                    
Page 7, line 2:                                                                                     
 Delete "until July 1, 2005"                                                                        
                                                                                                    
Page 7, lines 4 - 5:                                                                                
 Delete all material.                                                                               
                                                                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 2001(FIN)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  24   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Guess, Hayes, Hudson,                                    
Joule, Kapsner, Kerttula, Kookesh, Kott, Murkowski                                                  
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, James, Kohring, Lancaster, Masek, McGuire, Meyer, Morgan,                                   
Mulder, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                      
Wilson                                                                                              
                                                                                                    
Excused:  Davies, Moses, Ogan                                                                       
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    

2002-05-20                     House Journal                      Page 3926
Representative James moved and asked unanimous consent that HCS                                     
SB 2001(FIN) be considered engrossed, advanced to third reading, and                                
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HCS SB 2001(FIN) was read the third time.                                                           
                                                                                                    
Representatives Rokeberg and Fate moved and asked unanimous                                         
consent that they be allowed to abstain from voting due to a conflict of                            
interest.  Objection was heard, and the members were required to vote.                              
                                                                                                    
The question being:  "Shall HCS SB 2001(FIN) pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
HCS SB 2001(FIN)                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
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:  Davies, Moses, Ogan                                                                       
                                                                                                    
And so, HCS SB 2001(FIN) passed the House.                                                          
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative James gave notice of reconsideration of the vote on                                  
HCS SB 2001(FIN).                                                                                   
                                                                                                    
                               RECONSIDERATION                                                   
                                                                                                    
SB 2001                                                                                           
Representative James moved and asked unanimous consent that the                                     
reconsideration of the vote on HCS SB 2001(FIN) be taken up on the                                  
same day.                                                                                           
                                                                                                    

2002-05-20                     House Journal                      Page 3927
There being no objection, it was so ordered.                                                        
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 2001(FIN)                                                         
     "An Act changing the name of the Alaska Pioneers' Home to the                                  
     Alaska Pioneers' and Veterans' Home and of the Alaska Pioneers'                                
     Homes Advisory Board to the Alaska Pioneers' and Veterans'                                     
     Home Advisory Board; relating to housing and services for                                      
     veterans; relating to the advisory board for the home; making                                  
     other amendments to the statutes relating to the home; and                                     
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall HCS SB 2001(FIN) pass the                                  
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS SB 2001(FIN)--RECONSIDERATION                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
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:  Davies, Moses, Ogan                                                                       
                                                                                                    
And so, HCS SB 2001(FIN) passed the House on reconsideration.                                       
                                                                                                    
                                                                                                    
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.                                
                                                                                                    
                                                                                                    
HCS SB 2001(FIN) was referred to the Chief Clerk for engrossment.                                   
                                                                                                    

2002-05-20                     House Journal                      Page 3928
                       SECOND READING OF SENATE BILLS                                            
                                 (continued)                                                       
                                                                                                    
SB 2009                                                                                           
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 2009                                                                           
     "An Act establishing the Alaska Veterans Advisory Council; and                                 
     providing for an effective date."                                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 FIN RPT HCS(FIN) 8DP 1NR                                               3922                        
 FN2: ZERO(H.FIN/MVA)                                                   3923                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 2009(FIN)                                                         
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered by Representative Croft:                                                
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "11"                                                                                        
 Insert "13"                                                                                        
                                                                                                    
Representative Croft 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.                                                
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
SB 2009(FIN) am H be considered engrossed, advanced to third                                        
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
HCS SB 2009(FIN) am H was read the third time.                                                      
                                                                                                    

2002-05-20                     House Journal                      Page 3929
The question being:  "Shall HCS SB 2009(FIN) am H pass the                                          
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS SB 2009(FIN) am H                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
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:  Davies, Moses, Ogan                                                                       
                                                                                                    
And so, HCS SB 2009(FIN) 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.                                
                                                                                                    
Representative James gave notice of reconsideration of the vote on                                  
HCS SB 2009(FIN) am H.                                                                              
                                                                                                    
                                                                                                    
                               RECONSIDERATION                                                   
                                                                                                    
SB 2009                                                                                           
Representative James moved and asked unanimous consent that the                                     
reconsideration of the vote on HCS SB 2009(FIN) am H be taken up                                    
on the same day.                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 2009(FIN) am H                                                    
     "An Act establishing the Alaska Veterans Advisory Council; and                                 
     providing for an effective date."                                                              
                                                                                                    

2002-05-20                     House Journal                      Page 3930
The question to be reconsidered:  "Shall HCS SB 2009(FIN) am H                                      
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
HCS SB 2009(FIN) am H--RECONSIDERATION                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
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:  Davies, Moses, Ogan                                                                       
                                                                                                    
And so, HCS SB 2009(FIN) am H passed the House on                                                   
reconsideration.                                                                                    
                                                                                                    
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.                                
                                                                                                    
HCS SB 2009(FIN) am H was referred to the Chief Clerk for                                           
engrossment.                                                                                        
                                                                                                    
                             UNFINISHED BUSINESS                                                 
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Fate - from 8:30 a.m., May 22 to 10:00 a.m., May 27,                                 
2002                                                                                                
                                                                                                    
Representative Hudson - from 5:00 a.m., May 22 to noon, June 3,                                     
2002                                                                                                
                                                                                                    
Representative James - from 6:00 a.m., May 21 to 9:30 a.m., May 22,                                 
2002                                                                                                
                                                                                                    

2002-05-20                     House Journal                      Page 3931
Representative McGuire - from 8:00 a.m., May 27 to 10:00 a.m.,                                      
May 29, 2002                                                                                        
                                                                                                    
Representative Williams - from 9:00 a.m., May 21 to 1:30 p.m.,                                      
May 28, 2002                                                                                        
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair; and so, the House recessed at 7:31 p.m.                                        
                                                                                                    
                                AFTER RECESS                                                     
                                                                                                    
The Speaker called the House back to order at 12:14 a.m.,                                           
May 21, 2002.                                                                                       
                                                                                                    
                                 ENGROSSMENT                                                     
                                                                                                    
                                                                                                    
SB 2001                                                                                           
HCS SB 2001(FIN) was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 2009                                                                                           
HCS SB 2009(FIN) am H was engrossed, signed by the Speaker and                                      
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
                                                                                                    
                                ANNOUNCEMENTS                                                    
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                                 ADJOURNMENT                                                     
                                                                                                    
Representative Bunde moved and asked unanimous consent that the                                     
House adjourn until 11:00 a.m., May 21, 2002.  There being no                                       
objection, the House adjourned at 12:14 a.m., May 21, 2002.                                         
                                                                                                    
                                               Suzi Lowell                                          
                                               Chief Clerk