Legislature(2001 - 2002)

2001-05-05 House Journal

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2001-05-05                     House Journal                      Page 1551
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                  Saturday                   May 5, 2001                            
                                                                                                    
                       One Hundred Eighteenth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:14 a.m.                                                                                
                                                                                                    
Roll call showed 36 members present.  Representatives Masek,                                        
McGuire, Mulder, and Williams were absent and their presence was                                    
noted later.                                                                                        
                                                                                                    
The invocation was offered by the Chaplain Designee, Representative                                 
Green.  Representative Davies moved and asked unanimous consent                                     
that the invocation be spread on the journal.  There being no objection,                            
it appears below:                                                                                   
                                                                                                    
    Let us pray,                                                                                    
                                                                                                    
    Almighty God in Heaven, thank You for allowing us to                                            
    assemble to do the work of the people of the state.  Dear God,                                  
    we ask You that as we wind up the first session of this                                         
    Twenty-Second Legislature we would be ever mindful that                                         
    You have a way that we should be able to follow.  Lord, while                                   
    we're deliberating, as individuals, we may argue; but, dear                                     
    Lord, ask us to do it, guide us to do it, and make us do it in a                                
    way that's pleasing to You.  In Jesus' name, Amen.                                              
                                                                                                    
The Pledge of Allegiance was led by Representative Kohring.                                         
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 117th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    

2001-05-05                     House Journal                      Page 1552
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
SB 88                                                                                             
A message dated May 4, 2001, was read stating the Senate has                                        
concurred in the House amendment to SB 88, thus adopting:                                           
                                                                                                    
    SENATE BILL NO. 88 am H                                                                         
    "An Act relating to metropolitan planning organizations and to                                  
    establishment of a metropolitan planning organization for the                                   
    Anchorage metropolitan area; and providing for an effective date."                              
                                                                                                    
A message dated May 4, 2001, was read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 28                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 28(HES) by the Senate                                            
Health, Education & Social Services Committee:                                                      
                                                                                                    
    Urging dissemination of information about the costs of long-term                                
    care services and the availability of long-term care insurance for                              
    individuals.                                                                                    
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 208                                                                                            
CS FOR SENATE BILL NO. 208(L&C) am by the Senate Labor &                                            
Commerce Committee, entitled:                                                                       
                                                                                                    
    "An Act relating to the labeling of, the advertising of, and the                                
    disclosure of certain information about halibut, salmon, halibut                                
    products, and salmon products."                                                                 
                                                                                                    

2001-05-05                     House Journal                      Page 1553
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 127                                                                                            
The Conference Committee considering:                                                               
                                                                                                    
    CS FOR HOUSE BILL NO. 127(RLS)                                                                  
    "An Act relating to aviation and to emergency equipment to be                                   
    carried on aircraft."                                                                           
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 127(TRA) am S                                               
    (same title)                                                                                    
                                                                                                    
requests limited powers of free conference on Section 6.                                            
                                                                                                    
                                                                                                    
The Conference Committee further stated that contingent upon the                                    
granting of limited powers of free conference it agrees to the                                      
following amendment:                                                                                
                                                                                                    
"*Sec. 6. AS 02.20.050 is amended by adding a new subsection to                                   
read:                                                                                               
     (d) Unless closed for public safety reasons by a notice to                                     
    airmen (NOTAM) provided to the Federal Aviation                                                 
    Administration or by publication in the appropriate                                             
    aeronautical charts and publications published by the Federal                                   
    Aviation Administration, or closed or restricted under the                                    
    authority provided in AS 38.04.200 or AS 41.21.020(e),                                        
    navigable water in the state or a suitable landing site on public                               
    land that is not subject to a surface lease, easement or permit                               
    issued by the Department of Natural Resources is presumed                                     
    open for operation of aircraft."                                                                
                                                                                                    
The request was signed by Representatives Harris (Chair), Bunde,                                    
Kerttula; and Senators Halford (Chair), Taylor, Olson.                                              
                                                                                                    

2001-05-05                     House Journal                      Page 1554
The Speaker granted the limited powers of free conference as                                        
requested.                                                                                          
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
                                                                                                    
HJR 22                                                                                            
The Conference Committee with limited powers of free conference                                     
considering CSHJR 22(RLS) and SCS CSHJR 22(STA) am S                                                
recommends the following be adopted:                                                                
                                                                                                    
    CONFERENCE CS FOR HOUSE JOINT RESOLUTION NO. 22                                                 
    Relating to a diverse community; condemning a recent racially                                   
    motivated attack; and requesting the Municipality of Anchorage                                  
    police department to continue their conclusive investigation and                                
    requesting the criminal justice system to take rapid action to reach                            
    the determination of this case.                                                                 
                                                                                                    
The report was signed by Representatives James (Chair), Williams;                                   
and Senators Ward (Chair), Kelly, Davis.                                                            
                                                                                                    
The following fiscal note(s) apply to CCS HJR 22:                                                   
                                                                                                    
1.  Zero, House Rules Committee                                                                     
                                                                                                    
The report is under Unfinished Business.                                                            
                                                                                                    
                                                                                                    
HB 127                                                                                            
The Conference Committee with limited powers of free conference                                     
considering CSHB 127(RLS) and SCS CSHB 127(TRA) am S                                                
recommends the following be adopted:                                                                
                                                                                                    
    CONFERENCE CS FOR HOUSE BILL NO. 127                                                            
    "An Act relating to aviation and to emergency equipment to be                                   
    carried on aircraft."                                                                           
                                                                                                    
The report was signed by Representatives Harris (Chair), Bunde,                                     
Kerttula; and Senators Halford (Chair), Taylor, Olson.                                              
                                                                                                    

2001-05-05                     House Journal                      Page 1555
The following fiscal note(s) apply to CCS HB 127:                                                   
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
The report is under Unfinished Business.                                                            
                                                                                                    
**The presence of Representative Masek was noted.                                                   
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Renee Henderson                                                                          
By Representative Chenault                                                                          
                                                                                                    
Honoring - Martin Foster                                                                            
By Representatives Hayes, Davies; Senator Wilken                                                    
                                                                                                    
Honoring - United Way of the Tanana Valley                                                          
By Representative Hayes                                                                             
                                                                                                    
Honoring - Eliza Jones                                                                              
By Representative Morgan; Senator Lincoln                                                           
                                                                                                    
Honoring - Reverend Arthur E. Curtis, A Decade of Service                                           
By Representative Cissna                                                                            
                                                                                                    
Honoring - Captain Ed Page                                                                          
By Representatives Kerttula, Hudson; Senators Pearce, Elton                                         
                                                                                                    
Honoring - Georgia Strunk                                                                           
By Representative Morgan; Senator Lincoln                                                           
                                                                                                    
Honoring - Harold H. Samuelsen, Sr.                                                                 
By Senator Hoffman; Representative Kapsner                                                          
                                                                                                    
Honoring - The YMCA                                                                                 
By Senator Donley                                                                                   

2001-05-05                     House Journal                      Page 1556
In Memoriam - Marissa Stevens, October 26, 1989-May 3, 2001                                         
By Representative Ogan                                                                              
                                                                                                    
                                                                                                    
In Memoriam - Willow M. Burand                                                                      
By Representative Foster                                                                            
                                                                                                    
                                                                                                    
In Memoriam - Reverend Paul Tritt, Sr.                                                              
By Senator Lincoln                                                                                  
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 272                                                                                            
HOUSE BILL NO. 272 by Representatives Lancaster, Green, Cissna,                                     
Croft, Dyson, Fate, Guess, Halcro, Hayes, Hudson, Kerttula, McGuire,                                
Meyer, Murkowski, Rokeberg, Scalzi, Stevens, and Whitaker, entitled:                                
                                                                                                    
    "An Act establishing an account in the general fund for smoking                                 
    education and cessation funds; relating to the Alaska tobacco use                               
    education and cessation trust; repealing a provision of law relating                            
    to funds used for smoking education and cessation programs; and                                 
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
HB 71                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 71                                                                               
    "An Act relating to the education of children with disabilities and                             
    of gifted children; relating to the Governor's Council on                                       
    Disabilities and Special Education; making conforming                                           
    amendments; and providing for an effective date."                                               

2001-05-05                     House Journal                      Page 1557
with the:                                                  Journal Page                             
                                                                                                    
 EDU RPT CS(EDU) NT 2DP 1DNP 1NR 1AM                               1014                             
 FN1: ZERO(EED)                                                    1014                             
 HES RPT CS(HES) NT 5DP 1DNP 1AM                                   1131                             
 FN1: ZERO(EED)                                                    1132                             
 FIN RPT CS(FIN) NT 9DP 1NR                                        1501                             
 FN1: ZERO(EED)                                                    1502                             
                                                                                                    
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. 71(FIN)                                                                   
    "An Act relating to the education of children with disabilities and                             
    of gifted children; relating to the Governor's Council on                                       
    Disabilities and Special Education; and providing for an effective                              
    date."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Lancaster and                                        
Davies:                                                                                             
                                                                                                    
Page 13, line 18 following "children.":                                                           
 Insert "(a)"                                                                                       
                                                                                                    
Page 13, line 22 following "department.":                                                           
 Insert a new subsection to read:                                                                   
     "(b)  State reimbursement for transportation of gifted children                                
    shall be as provided for transportation of all other pupils, except                             
    that eligibility for reimbursement is not limited to transportation                             
    between the child's residence and the school, but shall also include                            
    transportation between a school and another location of instruction                             
    as required by the child's gifted education program."                                           
                                                                                                    
Representative Lancaster moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Bunde objected.                                                                      
                                                                                                    

2001-05-05                     House Journal                      Page 1558
**The presence of Representatives Mulder, Williams, and McGuire                                     
was noted.                                                                                          
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Mulder:                                                                                             
                                                                                                    
Following "instruction as":                                                                         
 Delete all material.                                                                               
 Insert "routinely required by the gifted education program of the                                  
district."                                                                                          
                                                                                                    
Representative Mulder moved and asked unanimous consent that                                        
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no further objection to Amendment No. 1 as amended, it                                  
was adopted.                                                                                        
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
71(FIN) am be considered engrossed, advanced to third reading, and                                  
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 71(FIN) am was read the third time.                                                            
                                                                                                    
The question being:  "Shall CSHB 71(FIN) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 71(FIN) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   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, Masek, McGuire, Meyer, Morgan, Moses, Mulder,                                            
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Williams, Wilson                                                                                    
                                                                                                    
And so, CSHB 71(FIN) am passed the House.                                                           

2001-05-05                     House Journal                      Page 1559
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 71(FIN) am was referred to the Chief Clerk for engrossment.                                    
                                                                                                    
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 65                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 65(FIN)                                                                  
    "An Act requiring a study regarding equal pay for equal work of                                 
    certain state employees."                                                                       
                                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT 6DP                                                       1013                             
 FN2: (S.RLS/ADM)                                                  1013                             
 FIN RPT 9DP                                                       1503                             
 FN2: (S.RLS/ADM)                                                  1503                             
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSSB
65(FIN) be considered engrossed, advanced to third reading, and                                     
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSSB 65(FIN) was read the third time.                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSSB 65(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSSB 65(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    

2001-05-05                     House Journal                      Page 1560
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,                                  
Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                    
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Nays:  Kohring, Ogan                                                                                
                                                                                                    
And so, CSSB 65(FIN) passed the House, was signed by the Speaker                                    
and Chief Clerk and returned to the Senate.                                                         
                                                                                                    
                                                                                                    
SB 99                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 99                                                                              
    "An Act relating to the DNA identification registration system."                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT 4DP 2NR                                                   1160                             
 FN2: ZERO(DPS)                                                    1161                             
 FN3: INDETERMINATE(ADM)                                           1161                             
 FIN RPT 7DP 1NR                                                   1527                             
 FN2: ZERO(DPS)                                                    1527                             
 FN3: INDETERMINATE(ADM)                                           1527                             
                                                                                                    
Representative James moved and asked unanimous consent that SB 99                                   
be considered engrossed, advanced to third reading, and placed on                                   
final passage.                                                                                      
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that SB 99 will advance to third reading on the                                  
May 6, 2001, calendar.                                                                              
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 151                                                                                            
The following, which was advanced to third reading from the May 4,                                  
2001, calendar (page 1537), was read the third time:                                                

2001-05-05                     House Journal                      Page 1561
    SENATE BILL NO. 151                                                                             
    "An Act relating to the Bristol Bay Salmon Classic; and providing                               
    for an effective date."                                                                         
                                                                                                    
The question being:  "Shall SB 151 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 151                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  0   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, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder,                                            
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Wilson                                          
                                                                                                    
Absent:  Croft, Whitaker, Williams                                                                  
                                                                                                    
And so, SB 151 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.                                
                                                                                                    
                                                                                                    
SB 151 was signed by the Speaker and Chief Clerk and returned to the                                
Senate.                                                                                             
                                                                                                    
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SJR 27                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 27                                                                  
    Relating to an Alaska National Guard Armory in Juneau.                                          
                                                                                                    
                                                                                                    

2001-05-05                     House Journal                      Page 1562
with the:                                                  Journal Page                             
                                                                                                    
 MLV RPT 4DP 1NR                                                   1506                             
 FN1: ZERO(S.STA)                                                  1506                             
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that                                         
SJR 27 be considered engrossed, advanced to third reading, and placed                               
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
SJR 27 was read the third time.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall SJR 27 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SJR 27                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   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, McGuire, Meyer, Morgan, Moses, Mulder,                                            
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Wilson                                          
                                                                                                    
Absent:  Whitaker, Williams                                                                         
                                                                                                    
And so, SJR 27 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                                                                                                    
SJR 30                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 30                                                                  
    Urging the United States Forest Service to acknowledge all of the                               
    rights of the state to rights-of-way to state highways that pass                                
    through federal land.                                                                           
                                                                                                    

2001-05-05                     House Journal                      Page 1563
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT HCS(RES) 8DP                                              1502                             
 FN1: ZERO(S.RLS)                                                  1503                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 30(RES)                                                
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Davies:                                               
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "sole"                                                                                      
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Ogan objected.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SJR 30(RES)                                                                                     
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  10   NAYS:  28   EXCUSED:  0   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Davies, Guess, Hayes, Joule, Kapsner,                                     
Kerttula, Kookesh, Moses                                                                            
                                                                                                    
Nays:  Bunde, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green,                                 
Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek,                                     
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter,                                            
Rokeberg, Scalzi, Stevens, Whitaker, Wilson                                                         
                                                                                                    

2001-05-05                     House Journal                      Page 1564
Absent:  Chenault, Williams                                                                         
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
SJR 30(RES) be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
HCS SJR 30(RES) was read the third time.                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall HCS SJR 30(RES) pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
HCS SJR 30(RES)                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, 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, Moses, Mulder, Murkowski, Ogan,                                      
Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson                                                 
                                                                                                    
Absent:  Chenault, Williams                                                                         
                                                                                                    
And so, HCS SJR 30(RES) passed the House and was referred to the                                    
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                         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:                             
                                                                                                    
                                                                                                    

2001-05-05                     House Journal                      Page 1565
Honoring - Garry Stacey Banks II, Associated Students of the                                        
University of Alaska Fairbanks President                                                            
By Representatives Davies, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dyson, Fate, Green, Guess, Halcro,                                
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg,                                       
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Honoring - Ninilchik High School Girls Basketball Team, 2001 Class                                  
2A Girls State Championship                                                                         
By Representatives Scalzi, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro,                                 
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski,                                         
Rokeberg, Stevens, Whitaker, Williams, Wilson                                                       
                                                                                                    
Honoring - John and Juanita Cowdery, 50-Year Anniversary                                            
By Representatives Kohring, Porter, Berkowitz, Bunde, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green,                               
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Moses, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens,                                          
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Honoring - Mary Gore                                                                                
By Senator Elton; Representatives Hudson, Kerttula, Porter,                                         
Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson,                                 
Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Joule,                                    
Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer,                                         
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Whitaker, Williams,                                     
Wilson                                                                                              
                                                                                                    
Honoring - Bradford and Barbara Washburn                                                            
By Senator Green; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson                                              
                                                                                                    
                                                                                                    

2001-05-05                     House Journal                      Page 1566
Honoring - Greg Capito                                                                              
By Senator Hoffman; Representative Kapsner, Porter, Berkowitz,                                      
Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate,                                      
Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula,                               
Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan,                                          
Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson                                              
                                                                                                    
                                                                                                    
In Memoriam - Ruth Allington                                                                        
By Representatives Kerttula, Hudson, Porter, Berkowitz, Bunde,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Foster, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kohring,                               
Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                           
Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator                                     
Elton                                                                                               
                                                                                                    
                                                                                                    
In Memoriam - Richard F. P. Inglima                                                                 
By Representatives Scalzi, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess,                               
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                           
Murkowski, Rokeberg, Stevens, Williams, Wilson                                                      
                                                                                                    
                                                                                                    
In Memoriam - Julianne Okonek                                                                       
By Representatives Masek, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess,                               
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                           
Murkowski, Rokeberg, Scalzi, Stevens, Williams Wilson                                               
                                                                                                    
In Memoriam - Donald Robert "Bob" Hakala                                                            
By Senator Elton; Representatives Hudson, Kerttula, Porter,                                         
Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, James,                                   
Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer,                                  
Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams,                                     
Wilson                                                                                              
                                                                                                    

2001-05-05                     House Journal                      Page 1567
In Memoriam - William L. Murphy                                                                     
By Senator Green; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate,                                    
Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson                                      
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Wilson - from 8:30 a.m. to 10:30 a.m., May 7, 2001                                   
                                                                                                    
HJR 22                                                                                            
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 1554), at this time:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS)                                                       
    Relating to a diverse community; condemning a recent racially                                   
    motivated attack; and requesting the Municipality of Anchorage                                  
    police department to continue their conclusive investigation and                                
    requesting the criminal justice system to take rapid action to reach                            
    the determination of this case.                                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                 
    22(STA) am S                                                                                    
    (same title)                                                                                    
                                                                                                    
There being no 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 HJR 22 and recommended that the members vote yes.                                      
                                                                                                    

2001-05-05                     House Journal                      Page 1568
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 HJR 22                                                                                          
Adopt Conference Committee Report                                                                   
                                                                                                    
YEAS:  33   NAYS:  3   EXCUSED:  0   ABSENT:  4                                                   
                                                                                                    
Yeas:  Bunde, Cissna, Crawford, Croft, Dyson, Fate, Foster, Green,                                  
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi,                                          
Stevens, Whitaker, Wilson                                                                           
                                                                                                    
Nays:  Berkowitz, Coghill, Ogan                                                                     
                                                                                                    
Absent:  Chenault, Davies, Mulder, Williams                                                         
                                                                                                    
And so, the House adopted the Conference Committee with limited                                     
powers of free conference report, thus adopting:                                                    
                                                                                                    
    CONFERENCE CS FOR HOUSE JOINT RESOLUTION NO. 22                                                 
    Relating to a diverse community; condemning a recent racially                                   
    motivated attack; and requesting the Municipality of Anchorage                                  
    police department to continue their conclusive investigation and                                
    requesting the criminal justice system to take rapid action to reach                            
    the determination of this case.                                                                 
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
HB 127                                                                                            
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 1554), at this time:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 127(RLS)                                                                  
    "An Act relating to aviation and to emergency equipment to be                                   
    carried on aircraft."                                                                           
                                                                                                    
and                                                                                                 
                                                                                                    

2001-05-05                     House Journal                      Page 1569
    SENATE CS FOR CS FOR HOUSE BILL NO. 127(TRA) am S                                               
    (same title)                                                                                    
                                                                                                    
There being no 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 HB 127 and recommended that the members vote yes.                                      
                                                                                                    
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 HB 127                                                                                          
Adopt Conference Committee Report                                                                   
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   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, Moses, Mulder,                                            
Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                       
Wilson                                                                                              
                                                                                                    
Absent:  Williams                                                                                   
                                                                                                    
And so, the House adopted the Conference Committee with limited                                     
powers of free conference report, thus adopting:                                                    
                                                                                                    
    CONFERENCE CS FOR HOUSE BILL NO. 127                                                            
    "An Act relating to aviation and to emergency equipment to be                                   
    carried on aircraft."                                                                           
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
Majority Caucus          Speaker's Chamber              upon recess, 5/5                            
                                                                                                    

2001-05-05                     House Journal                      Page 1570
Labor & Commerce Committee                                                                          
POSTPONED TO A CALL OF THE CHAIR                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until 3:00 p.m.; and so, the House recessed at 11:47 a.m.                                           
                                                                                                    
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 3:00 p.m.                                             
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HJR 22                                                                                            
A message dated May 4, 2001, was read stating the President has                                     
granted limited powers of free conference to the Senate members of                                  
the Conference Committee considering:                                                               
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS)                                                       
    Relating to a diverse community; condemning a recent racially                                   
    motivated attack; and requesting the Municipality of Anchorage                                  
    police department to continue their conclusive investigation and                                
    requesting the criminal justice system to take rapid action to reach                            
    the determination of this case.                                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                 
    22(STA) am S                                                                                    
    (same title)                                                                                    
                                                                                                    
The Speaker had previously granted the limited powers of free                                       
conference as requested (page 1540), and the House adopted CCS HJR
22 (page 1567).                                                                                     
                                                                                                    
A message dated May 5, 2001, was read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           

2001-05-05                     House Journal                      Page 1571
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 23                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 23(FIN) am by the                                                
Senate Finance Committee:                                                                           
                                                                                                    
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit and a spending limit.                                        
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
SJR 24                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 24(RLS) by the Senate                                            
Rules Committee:                                                                                    
                                                                                                    
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to the budget reserve fund.                                                            
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 161                                                                                            
CS FOR SENATE BILL NO. 161(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "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."                                                 
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    

2001-05-05                     House Journal                      Page 1572
SB 174                                                                                            
CS FOR SENATE BILL NO. 174(RLS) by the Senate Rules                                                 
Committee, entitled:                                                                                
                                                                                                    
    "An Act establishing a base student allocation for purposes of                                  
    determining education funding in the amount of $4,010; providing                                
    that only 50 percent of the annual increase in assessed value may                               
    be included for purposes of calculating the required contribution                               
    to education from a city or borough school district; providing that                             
    a community with at least 101 students but not more than 425                                    
    students in average daily membership is counted as one                                          
    elementary and one secondary school, and that, in a community                                   
    with more than 425 students in average daily membership, each                                   
    facility administered as a separate school, except certain                                      
    alternative schools, is counted as a school; and providing for an                               
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 268                                                                                            
Representative Kott added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 268                                                                              
    "An Act relating to the constitutional right to privacy."                                       
                                                                                                    
SJR 27                                                                                            
Representatives Kerttula and Harris added their names as cross                                      
sponsors to:                                                                                        
                                                                                                    
    SENATE JOINT RESOLUTION NO. 27                                                                  
    Relating to an Alaska National Guard Armory in Juneau.                                          
                                                                                                    
SB 65                                                                                             
Representative Murkowski added her name as cross sponsor to:                                        
                                                                                                    
    CS FOR SENATE BILL NO. 65(FIN)                                                                  
    "An Act requiring a study regarding equal pay for equal work of                                 
    certain state employees."                                                                       

2001-05-05                     House Journal                      Page 1573
SB 99                                                                                             
Representative Dyson added his name as cross sponsor to:                                            
                                                                                                    
    SENATE BILL NO. 99                                                                              
    "An Act relating to the DNA identification registration system."                               
                                                                                                    
SB 166                                                                                            
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. 166                                                                             
    "An Act relating to the time of filling by appointment a vacancy in                             
    the office of United States senator."                                                           
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 71                                                                                             
CSHB 71(FIN) am was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
SJR 30                                                                                            
HCS SJR 30(RES) 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 James moved and asked unanimous consent that the                                     
House adjourn until 1:00 p.m., May 6, 2001.  There being no                                         
objection, the House adjourned at 3:02 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk