Legislature(2001 - 2002)

2002-03-01 House Journal

Full Journal pdf

2002-03-01                     House Journal                      Page 2425
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                   Friday                 March 1, 2002                             
                                                                                                    
                           Forty-seventh Day                                                   
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:06 a.m.                                                                                
                                                                                                    
Roll call showed 38 members present.  Representative Ogan had been                                  
previously excused from a call of the House today.  Representative                                  
Hayes was absent and his presence was noted later.                                                  
                                                                                                    
The invocation was offered by Major Larry Fankhauser of The                                         
Salvation Army.  Representative Green moved and asked unanimous                                     
consent that the invocation be spread on the journal.  There being no                               
objection, it appears below:                                                                        
                                                                                                    
    Dear God,                                                                                       
                                                                                                    
    We pray for each Representative gathered here this day.  As                                     
    one nation under God, grant strengthening for clear thinking                                    
    in all that shall come before them this day.  Encourage each                                    
    one to live above the common level of life.  Save them from                                     
    floundering in indecision, cause them to choose the                                             
    sometimes difficult but right decision, and never be content                                    
    with less than doing their best.  Thank You for the                                             
    opportunities to serve the state and those they represent, and I                                
    would pray Your blessing on each one in Jesus' Name.                                            
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Morgan.                                          
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 45th and 46th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   

2002-03-01                     House Journal                      Page 2426
                               * * * * *                                                         
                                                                                                    
Representative Crawford introduced his son, Andrew Crawford, Guest                                  
Page, from Anchorage.                                                                               
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HB 320                                                                                            
A message dated February 27, 2002, was received stating the Senate                                  
has passed:                                                                                         
                                                                                                    
    HOUSE BILL NO. 320 am                                                                           
    "An Act relating to the use of electronic balloting equipment."                                
                                                                                                    
HB 320 am was referred to the Chief Clerk for enrollment.                                           
                                                                                                    
SB 105                                                                                            
A message dated February 27, 2002, was read stating that pursuant to                                
AS 24.65.020 (Chapter No. 92, SLA 2001), the President has                                          
appointed the following members to the Victims' Advocate Selection                                  
Committee:                                                                                          
                                                                                                    
 Senator Halford, Chair                                                                             
 Senator Donley                                                                                     
 Senator Olson                                                                                      
                                                                                                    
The House members of the committee are Representatives Porter,                                      
Kott, and Joule (page 2416).                                                                        
                                                                                                    
A message dated February 27, 2002, was read stating the Senate has                                  
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SCR 23                                                                                            
SENATE CONCURRENT RESOLUTION NO. 23 by Senators                                                     
Phillips, Taylor, Green, Stevens, and Ward:                                                         
                                                                                                    
    Relating to declaring April 6, 2002, as Alaska Tartan Day.                                      

2002-03-01                     House Journal                      Page 2427
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
SCR 27                                                                                            
SENATE CONCURRENT RESOLUTION NO. 27 by the Senate                                                   
Rules Committee:                                                                                    
                                                                                                    
    Authorizing a recess by the Senate for a period of more than three                              
    days.                                                                                           
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
SJR 31                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 31(STA) by the Senate                                            
State Affairs Committee:                                                                            
                                                                                                    
    Urging the United States Congress to permit the use of tax exempt                               
    bonds to fund loans for veterans who served after 1976.                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military and Veterans' Affairs and the State Affairs Committee.                                     
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HJR 15                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 15                                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to inflation-proofing the permanent fund.                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 15(JUD)                                                       
    Proposing amendments to the Constitution of the State of Alaska                                 
    requiring income of the permanent fund to be deposited into the                                 
    permanent fund and limiting appropriations from the permanent                                   
    fund to six percent of the year-end market values of the fund for                               
    the last five fiscal years.                                                                     
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               

2002-03-01                     House Journal                      Page 2428
Do pass (2):  Coghill, Rokeberg                                                                     
                                                                                                    
Do not pass (1):  James                                                                             
                                                                                                    
No recommendation (2):  Meyer, Kookesh                                                              
                                                                                                    
Amend (1):  Berkowitz                                                                               
                                                                                                    
The following fiscal note(s) apply to CSHJR 15(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 15 was referred to the Finance Committee.                                                       
                                                                                                    
**The presence of Representative Hayes was noted.                                                   
                                                                                                    
                                                                                                    
HJR 25                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 25                                                                   
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to initiative and referendum petitions.                                         
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Coghill, James, Kookesh, Rokeberg                                                     
                                                                                                    
Do not pass (1):  Berkowitz                                                                         
                                                                                                    
No recommendation (1):  Meyer                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 25 was referred to the Finance Committee.                                                       
                                                                                                    

2002-03-01                     House Journal                      Page 2429
HB 56                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 56                                                                               
    "An Act relating to minimum wages."                                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 56(FIN)                                                                   
    "An Act relating to minimum wages; and providing for an                                         
    effective date."                                                                                
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Whitaker, Moses, Foster, Williams                                                     
                                                                                                    
Do not pass (1):  Bunde                                                                             
                                                                                                    
No recommendation (3):  Croft, Lancaster, Davies                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 56(FIN):                                                 
                                                                                                    
1.  Zero, Dept. of Administration/All Depts.                                                        
2.  Fiscal, Dept. of Health & Social Services                                                       
3.  Indeterminate, Dept. of Education & Early Development                                           
                                                                                                    
HB 56 is on today's calendar.                                                                       
                                                                                                    
HB 213                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 213                                                                              
    "An Act relating to initiative and referendum petitions; and                                    
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Coghill, James, Kookesh, Rokeberg                                                     

2002-03-01                     House Journal                      Page 2430
Do not pass (1):  Berkowitz                                                                         
                                                                                                    
No recommendation (1):  Meyer                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
HB 213 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 254                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 254                                                       
    "An Act relating to the teachers' retirement system, the judicial                               
    retirement system, and the public employees' retirement system                                  
    and to the tax qualification under the Internal Revenue Code of                                 
    those systems; amending the definition of 'actuarial adjustment' in                             
    the teachers' retirement system and the public employees'                                       
    retirement system; repealing certain provisions of the teachers'                                
    retirement system and the public employees' retirement system;                                  
    and providing for an effective date."                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    254(FIN)                                                                                        
    "An Act relating to the teachers' retirement system, the judicial                               
    retirement system, and the public employees' retirement system                                  
    and to the tax qualification under the Internal Revenue Code of                                 
    those systems; amending the definition of 'actuarial adjustment' in                             
    the teachers' retirement system and the public employees'                                       
    retirement system; repealing certain provisions of the teachers'                                
    retirement system and the public employees' retirement system;                                  
    amending the statutory limitation on payment of warrants to make                                
    an exception for warrants making benefit payments or refunds                                    
    under various state retirement and benefit programs; and                                        
    providing for an effective date."                                                               
                                                                                                    

2002-03-01                     House Journal                      Page 2431
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Whitaker, Harris, Croft, Davies, Moses, Lancaster,                                   
Hudson, Foster, Mulder, Williams                                                                    
                                                                                                    
No recommendation (1):  Bunde                                                                       
                                                                                                    
The following fiscal note(s) apply to CSSSHB 254(FIN):                                              
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
SSHB 254 was referred to the Rules Committee for placement on the                                   
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 262                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 262                                                                              
    "An Act relating to accounting for and appropriations of receipts                               
    from fees collected by the Department of Labor and Workforce                                    
    Development for certain inspections and for certain plumbing and                                
    electrical worker certificates of fitness; establishing a building                              
    safety account; and providing for an effective date."                                           
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Bunde, Whitaker, Harris, Croft, Davies, Moses,                                       
Lancaster, Hudson, Mulder, Williams                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
HB 262 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    

2002-03-01                     House Journal                      Page 2432
HB 296                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    HOUSE BILL NO. 296                                                                              
    "An Act relating to mergers and consolidations of municipalities."                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 296(CRA)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Morgan and Meyer, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Kerttula, Scalzi, Meyer                                                               
                                                                                                    
No recommendation (4):  Guess, Murkowski, Halcro, Morgan                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 296(CRA):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 296 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 314                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 314                                                                              
    "An Act relating to service in the peace corps as an allowable                                  
    absence from the state for purposes of eligibility for permanent                                
    fund dividends; and providing for an effective date."                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 314(STA)                                                                  
    "An Act relating to service in the peace corps as an allowable                                  
    absence from the state for purposes of eligibility for permanent                                
    fund dividends and to the period for filing an application for a                                
    permanent fund dividend; authorizing the Department of Revenue                                  

2002-03-01                     House Journal                      Page 2433
    to issue administrative orders imposing sanctions for certain                                   
    misrepresentations or other actions concerning eligibility for a                                
    permanent fund dividend and providing for administrative appeal                                 
    of those orders; and providing for an effective date."                                          
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wilson, Crawford, Stevens, James, Fate, Hayes                                         
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 314(STA):                                                
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 314 was referred to the Finance Committee.                                                       
                                                                                                    
HB 321                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 321                                                       
    "An Act relating to the purpose for crime victims' compensation;                                
    and limiting the factors that may be considered in making a crime                               
    victims' compensation award in cases of sexual assault or sexual                                
    abuse of a minor."                                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    321(JUD)                                                                                        
    "An Act limiting the factors that may be considered in making a                                 
    crime victims' compensation award in cases of sexual assault or                                 
    sexual abuse of a minor."                                                                       
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Bunde, Whitaker, Harris, Croft, Davies, Moses,                                       
Lancaster, Hudson, Foster, Williams                                                                 

2002-03-01                     House Journal                      Page 2434
No recommendation (1):  Mulder                                                                      
                                                                                                    
The following fiscal note(s) apply to CSSSHB 321(JUD):                                              
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
SSHB 321 was referred to the Rules Committee for placement on the                                   
calendar.                                                                                           
                                                                                                    
HB 330                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 330                                                                              
    "An Act relating to providing alcoholic beverages to a person                                   
    under 21 years of age."                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 330(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Whitaker, Harris, Lancaster, Hudson, Foster, Mulder,                                  
Williams                                                                                            
                                                                                                    
No recommendation (2):  Bunde, Moses                                                                
                                                                                                    
Amend (2):  Croft, Davies                                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 330(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Indeterminate, Dept. of Administration                                                          
3.  Indeterminate, Dept. of Corrections                                                             
                                                                                                    
HB 330 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2002-03-01                     House Journal                      Page 2435
HB 377                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 377                                                                              
    "An Act relating to the establishment of an additional southcentral                             
    panel to the Alaska Workers' Compensation Board and to                                          
   appointments to that panel; and providing for an effective date."                               
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Rokeberg, Meyer, Hayes, Crawford, Kott, Halcro,                                       
Murkowski                                                                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
HB 377 was referred to the Finance Committee.                                                       
                                                                                                    
HB 393                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 393                                                                              
    "An Act relating to unfair and deceptive trade practices and to the                             
    sale of business opportunities; amending Rules 4 and 73, Alaska                                 
    Rules of Civil Procedure; and providing for an effective date."                                
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Crawford, Hayes                                                                       
                                                                                                    
No recommendation (5):  Rokeberg, Meyer, Kott, Halcro, Murkowski                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 393 was referred to the Judiciary Committee.                                                     

2002-03-01                     House Journal                      Page 2436
HB 402                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 402                                                                              
    "An Act relating to diversion payments, wage subsidies, cash                                    
    assistance, and self-sufficiency services provided under the Alaska                             
    temporary assistance program; relating to the food stamp program;                               
    relating to child support cases that include persons who receive                                
    cash assistance or self-sufficiency services under the Alaska                                   
    temporary assistance program; and providing for an effective                                    
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 402(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (9):  Bunde, Whitaker, Harris, Croft, Davies, Lancaster,                                    
Hudson, Foster, Williams                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 402(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 402 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 421                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 421                                                                              
    "An Act relating to water use and appropriation."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 421(RES)                                                                  
    (same title)                                                                                    

2002-03-01                     House Journal                      Page 2437
The report was signed by Representative Scalzi, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Fate, Kerttula, Scalzi                                                                
                                                                                                    
No recommendation (2):  McGuire, Chenault                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 421(RES):                                                
                                                                                                    
Fiscal note(s) forthcoming.                                                                         
                                                                                                    
HB 421 was referred to the Finance Committee.                                                       
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 416                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 416                                                                              
    "An Act relating to reemployment of and benefits for retired                                    
    teachers and principals who participated in retirement incentive                                
    programs; and providing for an effective date."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 416(EDU)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Bunde, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Porter, Green, Stevens, Bunde                                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 416(EDU):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 416 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          

2002-03-01                     House Journal                      Page 2438
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
                                                                                                    
Honoring - Mark R. Hamilton                                                                         
By Representative Davies                                                                            
                                                                                                    
In Memoriam - Daniel A. Brusich                                                                     
By Senator Taylor                                                                                   
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HCR 28                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 28 by the House                                                     
Health, Education & Social Services Committee:                                                      
                                                                                                    
    Relating to physical education in public schools.                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services Committee.                                    
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 316                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 316 by                                                        
Representative McGuire, entitled:                                                                   
                                                                                                    
    "An Act relating to trusts, including trust protectors, trustee                                 
    advisors, and transfers of trust interests, and to creditors' claims                            
    against property subject to a power of appointment; and providing                               
    for an effective date."                                                                         
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    

2002-03-01                     House Journal                      Page 2439
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 56                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 56                                                                               
    "An Act relating to minimum wages."                                                             
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 1DP 1DNP 5NR                                  2177                              
 FN1: ZERO(ADM/ALL DEPTS)                                         2177                              
 FN2: (HSS)                                                       2177                              
 FIN RPT CS(FIN) NT 4DP 1DNP 3NR                                  2429                              
 FN1: ZERO(ADM/ALL DEPTS)                                         2429                              
 FN2: (HSS)                                                       2429                              
 FN3: INDETERMINATE(EED)                                          2429                              
                                                                                                    
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. 56(FIN)                                                                   
    "An Act relating to minimum wages; and providing for an                                         
    effective date."                                                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that                                         
CSHB 56(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 56(FIN) was read the third time.                                                               
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that he                                   
be allowed to abstain from voting due to a conflict of interest.                                    
Objection was heard, and Representative Rokeberg was required to                                    
vote.                                                                                               
                                                                                                    

2002-03-01                     House Journal                      Page 2440
The question being:  "Shall CSHB 56(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 56(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson,                                 
Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule,                                   
Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                        
Morgan, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens,                                          
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Bunde, Coghill, James, Kohring, Masek, Rokeberg                                              
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Murkowski changed from "Nay" to "Yea".                                                              
                                                                                                    
And so, CSHB 56(FIN) passed the House.                                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being: "Shall the effective date clause be adopted?"  The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 56(FIN)                                                                                        
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kott, Lancaster, Masek, McGuire, Meyer,                                      
Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                       
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kohring, Kookesh, Moses                                                   
                                                                                                    

2002-03-01                     House Journal                      Page 2441
Excused:  Ogan                                                                                      
                                                                                                    
And so, lacking the necessary 27 votes, the effective date clause was                               
not adopted, and the new title appears below:                                                       
                                                                                                    
    CS FOR HOUSE BILL NO. 56(FIN)(efd fld)                                                          
    "An Act relating to minimum wages."                                                             
                                                                                                    
Representative Mulder gave notice of reconsideration of his vote on                                 
CSHB 56(FIN)(efd fld), and the reconsideration was taken up later.                                  
                                                                                                    
                                                                                                    
                         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:                             
                                                                                                    
Commemorating - Bicentennial Anniversary, United States Military                                    
Academy, West Point                                                                                 
By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna,                                      
Crawford, Croft, Davies, Dyson, Fate, Green, Halcro, Harris, Hayes,                                 
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Stevens, Williams, Wilson                                                                           
                                                                                                    
Honoring - Harry Lee Drew, 90th Birthday                                                            
By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna,                                      
Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro,                                
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski,                                         
Ogan, Rokeberg, Stevens, Williams, Wilson                                                           
                                                                                                    
Honoring - William H. Bell, M.D.                                                                    
By Representatives Scalzi, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess,                                      
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                           
Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                                
                                                                                                    

2002-03-01                     House Journal                      Page 2442
Honoring - Captain Dwain Foster                                                                     
By Representatives Moses, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess,                                     
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan,                                          
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
Honoring - General Richard B. Meyers                                                                
By Representatives Mulder, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Halcro,                              
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring,                                    
Kott, Lancaster, McGuire, Meyer, Morgan, Murkowski, Ogan,                                           
Rokeberg, Stevens, Williams, Wilson; Senator Wilken                                                 
                                                                                                    
                                                                                                    
Honoring - Corey Rennell, Amy Finn, Hans Borchardt, Christopher                                     
Wintrode                                                                                            
By Representatives Porter, Stevens, Berkowitz, Bunde, Chenault,                                     
Cissna, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris,                               
Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                         
Rokeberg, Williams, Wilson                                                                          
                                                                                                    
                                                                                                    
Honoring - Skyview High School Wrestling Team                                                       
By Senator Ward; Representatives Porter, Berkowitz, Bunde,                                          
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green,                                   
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder,                                 
Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                                
                                                                                                    
                                                                                                    
Honoring - Sue McHenry                                                                              
By Senator Hoffman; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro,                                    
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski,                                         
Ogan, Rokeberg, Stevens, Williams, Wilson                                                           
                                                                                                    

2002-03-01                     House Journal                      Page 2443
Honoring - Women In History Month                                                                   
By Senator Davis; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Crawford, Croft, Davies, Dyson, Green, Guess,                                     
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan,                                          
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
Honoring - Father Norman H.V. Elliott                                                               
By Senator Stevens; Representatives Porter, Berkowitz, Bunde,                                       
Chenault, Cissna, Crawford, Croft, Davies, Dyson, Fate, Guess,                                      
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan,                                          
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
In Memoriam - Clovis H. Kingsley                                                                    
By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna,                                      
Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro,                                     
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                         
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         
                                                                                                    
                                                                                                    
In Memoriam - Duane Byron Wolf                                                                      
By Representatives Morgan, Porter, Berkowitz, Bunde, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess,                                     
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Lincoln                                  
                                                                                                    
                                                                                                    
In Memoriam - William Donald "Bill" Tomkins                                                         
By Senator Leman; Representatives Porter, Berkowitz, Bunde,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster,                                  
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan,                                         
Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams,                                       
Wilson                                                                                              
                                                                                                    

2002-03-01                     House Journal                      Page 2444
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Guess - from 1:50 p.m., March 8 to 10:00 p.m., plane                                 
time, March 12, 2002                                                                                
                                                                                                    
Representative Mulder - from 7:00 a.m., March 6 to 9:00 p.m., plane                                 
time, March 11, 2002                                                                                
                                                                                                    
Representative Ogan - from 7:00 p.m., March 15 to 9:30 p.m., plane                                  
time, March 17, 2002                                                                                
                                                                                                    
Representative Whitaker - from 7:00 p.m., March 1 to 10:00 a.m.,                                    
plane time, March 13, 2002                                                                          
                                                                                                    
Representative Williams - from 1:35 p.m., March 2 to 9:25 p.m., plane                               
time, March 3, 2002                                                                                 
                                                                                                    
Representative Kott - from 7:00 a.m., March 2 to 10:05 p.m., plane                                  
time, March 4, 2002 (amended from page 2390)                                                        
                                                                                                    
HB 368                                                                                            
The Speaker added a Finance Committee referral to follow the                                        
Resources Committee referral for the following:                                                     
                                                                                                    
    HOUSE BILL NO. 368                                                                              
    "An Act authorizing the commissioner of community and                                           
    economic development to refinance and extend the term of a                                      
    fishery enhancement loan."                                                                      
                                                                                                    
HB 368 is in the Resources Committee.                                                               
                                                                                                    
                                                                                                    
HB 390                                                                                            
The Speaker added a Finance Committee referral to follow the                                        
Resources Committee referral for the following:                                                     
                                                                                                    

2002-03-01                     House Journal                      Page 2445
    HOUSE BILL NO. 390                                                                              
    "An Act extending the termination dates of certain activities and                               
    salmon marketing programs of the Alaska Seafood Marketing                                       
    Institute and of the salmon marketing tax; expanding the allowable                              
    use of that tax for the salmon marketing programs of the Alaska                                 
    Seafood Marketing Institute; relating to the Alaska Seafood                                     
    Marketing Institute's salmon marketing committee; and providing                                 
    for an effective date."                                                                         
                                                                                                    
HB 390 is in the Resources Committee.                                                               
                                                                                                    
HB 393                                                                                            
The Speaker added a Finance Committee referral to follow the                                        
Judiciary Committee referral for the following:                                                     
                                                                                                    
    HOUSE BILL NO. 393                                                                              
    "An Act relating to unfair and deceptive trade practices and to the                             
    sale of business opportunities; amending Rules 4 and 73, Alaska                                 
    Rules of Civil Procedure; and providing for an effective date."                                
                                                                                                    
HB 393 is in the Judiciary Committee.                                                               
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 56                                                                                             
Representative Mulder moved and asked unanimous consent that the                                    
reconsideration of CSHB 56(FIN)(efd fld) (page 2441) be taken up on                                 
the same day.                                                                                       
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being: "Shall the reconsideration of CSHB 56(FIN)(efd                                  
fld) be taken up on the same day?"  The roll was taken with the                                     
following result:                                                                                   
                                                                                                    
CSHB 56(FIN)(efd fld)                                                                               
Third Reading                                                                                       
Take up Reconsideration on the Same Day                                                             
                                                                                                    
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2002-03-01                     House Journal                      Page 2446
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire,                                    
Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 56(FIN)                                                                   
    "An Act relating to minimum wages; and providing for an                                         
    effective date."                                                                                
                                                                                                    
The question to be reconsidered: "Shall CSHB 56(FIN) pass the                                       
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 56(FIN)--RECONSIDERATION                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson,                                 
Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule,                                   
Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                        
Morgan, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens,                                          
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Bunde, Coghill, James, Kohring, Masek, Rokeberg                                              
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
And so, CSHB 56(FIN) passed the House on reconsideration.                                           
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              
                                                                                                    

2002-03-01                     House Journal                      Page 2447
Representative Berkowitz objected.                                                                  
                                                                                                    
The question to be reconsidered: "Shall the effective date clause be                                
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 56(FIN)--RECONSIDERATION                                                                       
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire,                                    
Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
And so, the effective date clause was adopted on reconsideration.                                   
                                                                                                    
CSHB 56(FIN) was referred to the Chief Clerk for engrossment.                                       
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HCR 24                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 24                                                              
    Requesting the Board of Game to clarify regulations regarding                                   
    donations of big game meat to charitable organizations and the                                  
    Department of Fish and Game to disseminate information on                                       
    donating big game meat to charitable organizations.                                             
                                                                                                    
HJR 33                                                                                            
Representatives Crawford, Halcro, Morgan, Bunde, Fate, and Stevens                                  
added their names as cosponsors to:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 33(MLV) am                                                    
    Expressing gratitude to President George W. Bush, to the                                        
    President's cabinet, to the men and women of the United States                                  

2002-03-01                     House Journal                      Page 2448
    armed forces, and to the United States Congress and declaring                                   
    support for the war on terrorism and for the President's effort to                              
    support democracies and promote peace worldwide.                                                
                                                                                                    
                                                                                                    
HJR 36                                                                                            
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION                                                   
    NO. 36                                                                                          
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to limiting the rate of state individual income taxes                           
    and sales taxes.                                                                                
                                                                                                    
                                                                                                    
HB 56                                                                                             
Representatives Crawford, Croft, and Cissna added their names as                                    
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 56(FIN)                                                                   
    "An Act relating to minimum wages; and providing for an                                         
    effective date."                                                                                
                                                                                                    
                                                                                                    
HB 284                                                                                            
Representative Chenault added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 284                                                                              
    "An Act relating to participation in matters before the Board of                                
    Fisheries by members of the board; and providing for an effective                               
    date."                                                                                          
                                                                                                    
                                                                                                    
HB 313                                                                                            
Representative James removed her name as joint prime sponsor of:                                    
                                                                                                    
    HOUSE BILL NO. 313                                                                              
    "An Act requiring that the cost of contraceptives be included in                                
    certain health care insurance coverage."                                                        
                                                                                                    

2002-03-01                     House Journal                      Page 2449
HB 348                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 348                                                                              
    "An Act relating to violations of domestic violence protective                                  
    orders."                                                                                        
                                                                                                    
HB 368                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 368                                                                              
    "An Act authorizing the commissioner of community and                                           
    economic development to refinance and extend the term of a                                      
    fishery enhancement loan."                                                                      
                                                                                                    
                                                                                                    
HB 372                                                                                            
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 372                                                                              
    "An Act amending the definition of 'practice of veterinary                                      
    medicine.'"                                                                                     
                                                                                                    
HB 389                                                                                            
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 389                                                                              
    "An Act changing the date of repeal of a provision authorizing an                               
    exemption from and deferral of municipal property taxes on                                      
    certain types of deteriorated property; and providing for an                                    
    effective date."                                                                                
                                                                                                    
                                                                                                    
HB 454                                                                                            
Representative Berkowitz added his name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 454                                                                              
    "An Act repealing a prohibition against classified state employees                              
    participating in management of political parties."                                              
                                                                                                    

2002-03-01                     House Journal                      Page 2450
HB 489                                                                                            
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 489                                                                              
    "An Act relating to cruelty to animals."                                                        
                                                                                                    
HB 493                                                                                            
Representative Halcro added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 493                                                                              
    "An Act relating to assignments of permanent fund dividends; and                                
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 56                                                                                             
CSHB 56(FIN) 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.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO                                               1:15 p.m., 3/1                             
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 11:00 a.m., March 4, 2002.  There being no                                      
objection, the House adjourned at 11:44 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk