Legislature(2001 - 2002)
2001-04-27 House Journal
Full Journal pdf2001-04-27 House Journal Page 1261 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 27, 2001 One Hundred Tenth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:16 a.m. Roll call showed 27 members present. Representative Masek was excused from a call of the House today due to illness. Representatives Croft, Davies, Harris, Hudson, Kerttula, Kott, Lancaster, Moses, Mulder, Ogan, Whitaker, and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Coghill. Representative Joule moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: God our Father, we stand here today with gratitude for the privilege of representing our fellow citizens. This is a task that is bigger than we are; therefore, we look to You for guidance in our deliberations. As we endeavor to make laws to protect or provide for our people, please keep us from wrongfully dominating the lives that we are here to serve; and that justice and mercy may find their balance as You guide us. As we put forth our views and argue our cause before this body and all of Alaska, please gently remind us that our hearts are on display before You and for all to see. And now we go to the business of the day with good courage being reminded of Your presence. In Jesus' Name. Amen. The Pledge of Allegiance was led by Representative Hayes. 2001-04-27 House Journal Page 1262 CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 109th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 137 A message dated April 26, 2001, was read stating the Senate has passed: HOUSE BILL NO. 137 "An Act relating to records of veterans of the armed forces; and providing for an effective date." HB 137 was referred to the Chief Clerk for enrollment. SB 121 A message dated April 26, 2001, was read stating the Senate has concurred in the House amendment to CSSB 121(RES), thus adopting: CS FOR SENATE BILL NO. 121(RES) am H "An Act adding, for purposes of the Alaska Right-of-Way Leasing Act, a definition of 'substantial change' as applied to an amended right-of-way lease application; and providing for an effective date." HB 13 A message dated April 26, 2001, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(JUD) "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." 2001-04-27 House Journal Page 1263 and SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 13(RLS) (same title) The Speaker had previously granted the limited powers of free conference as requested on the specific point (page 1237). and A message dated April 26, 2001, was read stating the Senate has adopted the Conference Committee report with limited powers of free conference on CSSSHB 13(JUD) and SCS CSSSHB 13(RLS), thus adopting: CONFERENCE CS FOR SS FOR HOUSE BILL NO. 13 "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." A message dated April 26, 2001, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 149 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 149(HES) by the Senate Health, Education & Social Services Committee, entitled: "An Act relating to reemployment of retired teachers, to eligibility for major medical insurance coverage for beneficiaries of the teachers' retirement system, and to teacher certificates; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 2001-04-27 House Journal Page 1264 SB 187 CS FOR SENATE BILL NO. 187(FIN) by the Senate Finance Committee, entitled: "An Act relating to absentee and special needs voting." was read the first time and referred to the State Affairs Committee. REPORTS OF STANDING COMMITTEES HB 58 The Finance Committee has considered: HOUSE BILL NO. 58 "An Act relating to the calculation and payment of unemployment compensation benefits; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 58(L&C) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Whitaker, Harris, Croft, Lancaster, Williams No recommendation (4): Bunde, Hudson, Foster, Mulder The following fiscal note(s) apply to CSHB 58(L&C): 1. Zero, Dept. of Labor & Workforce Development 3. Fiscal, Dept. of Administration/Various Depts. 4. Fiscal, University of Alaska HB 58 was referred to the Rules Committee for placement on the calendar. 2001-04-27 House Journal Page 1265 HB 65 The Finance Committee has considered: HOUSE BILL NO. 65 "An Act relating to a new optional group of persons eligible for medical assistance who require treatment for breast or cervical cancer; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 65(HES) (same title) The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (10): Bunde, Whitaker, Harris, Croft, Davies, Moses, Lancaster, Hudson, Foster, Williams The following fiscal note(s) apply to CSHB 65(HES): 1. Fiscal, Dept. of Health & Social Services HB 65 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Moses was noted. HB 125 The Finance Committee has considered: HOUSE BILL NO. 125 "An Act relating to unlawful and indecent viewing and photography and to civil damages and penalties for that viewing and photography." and recommends it be replaced with: CS FOR HOUSE BILL NO. 125(FIN) (same title) 2001-04-27 House Journal Page 1266 The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Bunde, Harris, Lancaster, Williams No recommendation (2): Moses, Mulder Amend (4): Whitaker, Croft, Davies, Hudson The following fiscal note(s) apply to CSHB 125(FIN): 1. Zero, Dept. of Law 2. Zero, Alaska Court System 3. Indeterminate, Dept. of Administration HB 125 was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Kott and Lancaster was noted. HB 154 The Rules Committee has considered: HOUSE BILL NO. 154 "An Act relating to security for the payment of fishery business taxes and to payment of estimated fisheries resource landing taxes and penalties." and recommends it be replaced with: CS FOR HOUSE BILL NO. 154(FSH) "An Act relating to security for the payment of fishery business taxes and to payment of the fisheries resource landing tax." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (6): Porter, Morgan, Joule, McGuire, Kohring, Kott The following fiscal note(s) apply to CSHB 154(FSH): 2001-04-27 House Journal Page 1267 1. Zero, Dept. of Revenue HB 154 is on today's calendar. HB 175 The Finance Committee has considered: HOUSE BILL NO. 175 "An Act making an appropriation to the Alaska Industrial Development and Export Authority for power projects; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 175(FIN) "An Act making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund to the Alaska Industrial Development and Export Authority for power projects and to fund the power cost equalization and rural electric capitalization fund; and providing for an effective date." 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 No recommendation (4): Bunde, Croft, Davies, Hudson HB 175 was referred to the Rules Committee for placement on the calendar. HB 191 The Finance Committee has considered: HOUSE BILL NO. 191 "An Act authorizing financing for certain public transportation projects; giving notice of and approving the entry into, and the 2001-04-27 House Journal Page 1268 issuance of revenue obligations that provide participation in, lease-financing agreements for those transportation projects; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 191(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Whitaker, Harris, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (1): Croft Amend (2): Bunde, Davies The following fiscal note(s) apply to CSHB 191(FIN): 1. Fiscal, Dept. of Revenue HB 191 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Ogan was noted. HB 234 The Finance Committee has considered: HOUSE BILL NO. 234 "An Act relating to the financing of construction and renovation of certain public facilities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 234(FIN) "An Act relating to subsidiaries of the Alaska Housing Finance Corporation; relating to the smoking education and cessation 2001-04-27 House Journal Page 1269 account and to smoking education and cessation programs; relating to funding the smoking education and cessation account; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to fund the smoking education and cessation account and to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Whitaker, Harris, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (1): Moses Amend (2): Croft, Davies The following fiscal note(s) apply to CSHB 234(FIN): 1. Fiscal, Dept. of Revenue HB 234 was referred to the Rules Committee for placement on the calendar. HB 238 The Finance Committee has considered: HOUSE BILL NO. 238 "An Act relating to the power transmission intertie fund of the Alaska Energy Authority." 2001-04-27 House Journal Page 1270 and recommends it be replaced with: CS FOR HOUSE BILL NO. 238(FIN) "An Act relating to the powers of the Alaska Energy Authority; and providing for the power transmission intertie loan program of the Alaska Energy Authority." 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 No recommendation (2): Bunde, Davies Amend (2): Croft, Hudson The following fiscal note(s) apply to CSHB 238(FIN): 1. Zero, House Finance Committee/Dept. of Community & Economic Development HB 238 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Hudson was noted. HB 244 The Finance Committee has considered: HOUSE BILL NO. 244 "An Act relating to a grant of state land to the Denali Borough for a railroad and utility corridor and a railroad development project; repealing provisions relating to a grant of a right-of-way of land for a railroad and utility corridor to the Alaska Industrial Development and Export Authority; and providing for an effective date." and recommends it be replaced with: 2001-04-27 House Journal Page 1271 CS FOR HOUSE BILL NO. 244(FIN) (same title) The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (5): Whitaker, Harris, Croft, Foster, Williams No recommendation (2): Davies, Hudson The following fiscal note(s) apply to CSHB 244(FIN): 2. Fiscal, Dept. of Natural Resources HB 244 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Croft was noted. REPORTS OF SPECIAL COMMITTEES HB 13 The Conference Committee with limited powers of free conference considering CSSSHB 13(JUD) and SCS CSSSHB 13(RLS) recommends the following be adopted: CONFERENCE CS FOR SS FOR HOUSE BILL NO. 13 "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." The report was signed by Representatives Bunde (Chair), Coghill, Davies; and Senators Phillips (Chair), Therriault, Olson. The following fiscal note(s) apply to CCS SSHB 13: 1. Zero, Dept. of Community & Economic Development The report is under Unfinished Business. 2001-04-27 House Journal Page 1272 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - David "Dave" Cottrell By Representative Bunde Honoring - Chapel by the Lake's 50th Anniversary By Representatives Hudson, Kerttula, Dyson; Senator Elton Honoring - Captain Ervin L. Hagerup By Representatives Hudson, Kerttula; Senator Elton Honoring - Kenneth Young, Special Olympian By Representative McGuire In Memoriam - Terry Wills By Representative Williams; Senator Taylor In Memoriam - Kris Alan Geldaker By Representative Williams; Senator Taylor In Memoriam - Ralph D. Jones By Senator Phillips **The presence of Representatives Williams, Whitaker, Harris, and Davies was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 49 The following was read the second time: HOUSE BILL NO. 49 "An Act extending the termination date of the Board of Parole; and providing for an effective date." 2001-04-27 House Journal Page 1273 with the: Journal Page JUD RPT 4DP 1NR 1109 FN1: ZERO(COR) 1110 FIN RPT CS(FIN) 9DP 1229 FN1: ZERO(COR) 1229 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 49(FIN) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 49(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 49(FIN) was read the third time. The question being: "Shall CSHB 49(FIN) pass the House?" The roll was taken with the following result: CSHB 49(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek Absent: Kerttula, Mulder And so, CSHB 49(FIN) passed the House. 2001-04-27 House Journal Page 1274 Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 49(FIN) was referred to the Chief Clerk for engrossment. HB 52 The following was read the second time: HOUSE BILL NO. 52 "An Act relating to the Interstate Compact for Adult Offender Supervision and the State Council for Interstate Adult Offender Supervision; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date." with the: Journal Page JUD RPT 3DP 3DNP 1NR 768 FN2: (COR) 769 FIN RPT 7DP 1110 FN1: (COR) 1110 FN2: (COR) 1110 RLS RPT 4DP 2NR 1191 FN2: (COR) 1191 Representative James moved and asked unanimous consent that HB 52 be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. The Speaker stated that HB 52 will advance to third reading on the April 28, 2001, calendar. HB 154 The following was read the second time: 2001-04-27 House Journal Page 1275 HOUSE BILL NO. 154 "An Act relating to security for the payment of fishery business taxes and to payment of estimated fisheries resource landing taxes and penalties." with the: Journal Page FSH RPT CS(FSH) NT 4DP 3NR 686 FN1: ZERO(REV) 686 RES RPT CS(FSH) NT 4DP 2NR 807 FN1: ZERO(REV) 807 FIN RPT CS(FSH) NT 7DP 981 FN1: ZERO(REV) 982 RLS RPT CS(FSH) 6DP 1266 FN1: ZERO(REV) 1267 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 154(FSH) "An Act relating to security for the payment of fishery business taxes and to payment of the fisheries resource landing tax." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 154(FSH) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 154(FSH) was read the third time. **The presence of Representative Mulder was noted. The question being: "Shall CSHB 154(FSH) pass the House?" The roll was taken with the following result: CSHB 154(FSH) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 2001-04-27 House Journal Page 1276 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek Absent: Kerttula And so, CSHB 154(FSH) passed the House and was referred to the Chief Clerk for engrossment. HB 242 The following was read the second time: HOUSE BILL NO. 242 "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." with the: Journal Page STA RPT 6DP 1NR 1012 FN1: (ADM) 1012 FIN RPT CS(FIN) 7DP 1NR 1169 FN1: (ADM) 1169 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 242(FIN) (same title) There being no objection, it was so ordered. 2001-04-27 House Journal Page 1277 Representative James moved and asked unanimous consent that CSHB 242(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 242(FIN) was read the third time. **The presence of Representative Kerttula was noted. Representative Kott declared a potential conflict of interest on behalf of all members of the body. The Speaker stated that all members would be required to vote. The question being: "Shall CSHB 242(FIN) pass the House?" The roll was taken with the following result: CSHB 242(FIN) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring, Ogan Excused: Masek And so, CSHB 242(FIN) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 242(FIN) was referred to the Chief Clerk for engrossment. 2001-04-27 House Journal Page 1278 HOUSE BILLS IN SECOND READING HB 105 The following, which had been read the second time and held to today's calendar (page 1240), was again before the House: HOUSE BILL NO. 105 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." The Speaker stated that, without objection, HB 105 would be returned to the Rules Committee. THIRD READING OF HOUSE BILLS HB 250 The following, which was advanced to third reading from the April 26, 2001, calendar (page 1247), was read the third time: CS FOR HOUSE BILL NO. 250(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2002; and providing for an effective date." The question being: "Shall CSHB 250(FIN) pass the House?" The roll was taken with the following result: CSHB 250(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson 2001-04-27 House Journal Page 1279 Excused: Masek Absent: Guess, Rokeberg And so, CSHB 250(FIN) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 250(FIN) was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 156 The following, which was advanced to third reading from the April 26, 2001, calendar (page 1250), was read the third time: CS FOR SENATE BILL NO. 156(RES) "An Act amending the Alaska Land Act to clarify the requirement of a single written best interest finding required for the sale, lease, or other disposal of state land or resources or an interest in them, and relating to certain disposals involving multiphased development; and providing for an effective date." The question being: "Shall CSSB 156(RES) pass the House?" The roll was taken with the following result: CSSB 156(RES) Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Cissna, Crawford, Croft, Davies, Guess, Kerttula 2001-04-27 House Journal Page 1280 Excused: Masek Absent: Mulder, Rokeberg And so, CSSB 156(RES) 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 Kerttula gave notice of reconsideration of her vote on CSSB 156(RES). SECOND READING OF HOUSE RESOLUTIONS HJR 28 The following was read the second time: HOUSE JOINT RESOLUTION NO. 28 Supporting the application of Alaska Airlines to provide air service to Ronald Reagan Washington National Airport. with the: Journal Page TRA RPT 4DP 1AM 1189 FN1: ZERO(H.TRA) 1190 Representative James moved and asked unanimous consent that HJR 28 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HJR 28 was read the third time. Representative Fate moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Fate was required to vote. Representatives Kott and Porter declared a conflict of interest. 2001-04-27 House Journal Page 1281 The question being: "Shall HJR 28 pass the House?" The roll was taken with the following result: HJR 28 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek And so, HJR 28 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 17 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 17(STA) Relating to requesting that President Bush renounce and reverse Clinton Administration anti-gun-ownership policies and reorient the United States Department of Justice towards policies that accurately reflect the intent of the Second Amendment to the United States Constitution to grant individual Americans the right to keep and bear arms. with the: Journal Page STA RPT 7DP 1012 FN1: ZERO(S.STA) 1013 2001-04-27 House Journal Page 1282 Amendment No. 1 was offered by Representative Berkowitz: Page 2, line 1: Delete "dangerously" Page 2, line 7: Delete "intentionally" Page 2, line 8: Delete "dramatically" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Dyson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSJR 17(STA) Second Reading Amendment No. 1 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Coghill, Davies, Guess, Hudson, Joule, Kerttula, Kookesh, Meyer, Moses, Murkowski, Williams Nays: Bunde, Chenault, Crawford, Croft, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, James, Kapsner, Kohring, Kott, Lancaster, McGuire, Morgan, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Excused: Masek And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Kerttula: 2001-04-27 House Journal Page 1283 Page 1, line 10, following "recognizes" through line 11: Delete all material. Insert "that "a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed;" and" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSJR 17(STA) Second Reading Amendment No. 2 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses, Murkowski Nays: Bunde, Chenault, Coghill, Croft, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek And so, Amendment No. 2 was not adopted. Representative James moved and asked unanimous consent that CSSJR 17(STA) be considered engrossed, advanced to third reading, and placed on final passage. Representative Kerttula objected. The Speaker stated that CSSJR 17(STA) will advance to third reading on the April 28, 2001, calendar. 2001-04-27 House Journal Page 1284 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 - Al Scholz By Representatives Guess, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson; Senator Ellis Honoring - Anchorage Latino Lions Food Distribution By Representatives Guess, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson; Senator Ellis Honoring - Megan McDermott, Special Olympian By Representatives Croft, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson Honoring - Clara Morgan By Representatives Morgan, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg, Stevens, Whitaker, Williams, Wilson Honoring - The Community of Cold Bay By Senator Hoffman; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson 2001-04-27 House Journal Page 1285 UNFINISHED BUSINESS HB 13 Representative James moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 1271), at this time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(JUD) "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." and SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 13(RLS) (same title) Representative Berkowitz objected and withdrew the objection. There being no further objection, it was so ordered. Representative James moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS SSHB 13. The question being "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS SSHB 13 Adopt Conference Committee Report YEAS: 34 NAYS: 4 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Chenault, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Croft, Kerttula 2001-04-27 House Journal Page 1286 Excused: Masek Absent: Moses And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR SS FOR HOUSE BILL NO. 13 "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." The Chief Clerk was instructed to so notify the Senate. The Senate has adopted the Conference Committee with limited powers of free conference report (page 1263). CCS SSHB 13 was referred to the Chief Clerk for engrossment and enrollment. HB 184 The Labor & Commerce Committee submitted the forthcoming committee substitute, with a new title, to accompany their report (page 1232): CS FOR HOUSE BILL NO. 184(L&C) "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date." HB 184 is in the Judiciary Committee. HB 228 The Finance Committee submitted the following forthcoming fiscal note to accompany their report (page 1234): 5. Fiscal, Dept. of Health & Social Services for: CS FOR HOUSE BILL NO. 228(FIN) "An Act relating to the accounting of fees from business license endorsements for tobacco products, to the disclosure of certain 2001-04-27 House Journal Page 1287 confidential cigarette and tobacco product information, to notification regarding a cigarette manufacturer's noncompliance with the tobacco product Master Settlement Agreement, to business license endorsements for sale of tobacco products, to citations and penalties for illegal sales of tobacco products; and providing for an effective date." HB 228 is in the Rules Committee. HB 154 Representative Dyson added his name as cosponsor to: CS FOR HOUSE BILL NO. 154(FSH) "An Act relating to security for the payment of fishery business taxes and to payment of the fisheries resource landing tax." HB 175 Representative Green added his name as cosponsor to: HOUSE BILL NO. 175 "An Act making an appropriation to the Alaska Industrial Development and Export Authority for power projects; and providing for an effective date." HB 242 Representatives Cissna, Crawford, and Guess added their names as cosponsors to: CS FOR HOUSE BILL NO. 242(FIN) "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." SJR 17 Representatives Kohring, Dyson, Hayes, Harris, Halcro, Green, Ogan, Meyer, and James added their names as cross sponsors to: 2001-04-27 House Journal Page 1288 CS FOR SENATE JOINT RESOLUTION NO. 17(STA) Relating to requesting that President Bush renounce and reverse Clinton Administration anti-gun-ownership policies and reorient the United States Department of Justice towards policies that accurately reflect the intent of the Second Amendment to the United States Constitution to grant individual Americans the right to keep and bear arms. SB 149 Representatives Wilson and Stevens added their names as cross sponsors to: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 149(HES) "An Act relating to reemployment of retired teachers, to eligibility for major medical insurance coverage for beneficiaries of the teachers' retirement system, and to teacher certificates; and providing for an effective date." ENGROSSMENT HJR 28 HJR 28 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 49 CSHB 49(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 154 CSHB 154(FSH) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 242 CSHB 242(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 250 CSHB 250(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2001-04-27 House Journal Page 1289 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: House Special Committee on Oil & Gas CONTINUED: 5:00 p.m. ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 28, 2001. There being no objection, the House adjourned at 11:40 a.m. Suzi Lowell Chief Clerk