Legislature(2001 - 2002)

2002-04-29 House Journal

Full Journal pdf

2002-04-29                     House Journal                      Page 3203
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                  Monday                  April 29, 2002                            
                                                                                                    
                         One Hundred Sixth Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 11:04 a.m.                                                                                
                                                                                                    
Roll call showed 31 members present.  Representative Ogan had been                                  
previously excused from a call of the House today.  Representatives                                 
Berkowitz, Croft, Kohring, Kott, Moses, Mulder, Scalzi, and Williams                                
were absent and their presence was noted later.                                                     
                                                                                                    
The invocation was offered by Major Nila 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 was so ordered.                                                                       
                                                                                                    
    Shall we pray,                                                                                  
                                                                                                    
    Lord, today I lift up to You those of this body who represent                                   
    the citizens of the great state of Alaska.  I pray that You will                                
    bless their efforts this day.  I pray that You will keep them                                   
    safe and healthy.  I pray that You bless and take care of their                                 
    families so that they may be free from worry to care for the                                    
    needs of others.  I pray that You will give them guidance,                                      
    wisdom, and strength for the task at hand.  As each have their                                  
    own concerns, help them to listen and consider the concerns                                     
    of the other.  Help them to stay focused on what is most                                        
    important.  I pray that each Representative will realize You as                                 
    the source of all that is good, holy, and profitable for our state.                             
    I also pray that each will find joy in their service.                                           
                                                                                                    
    In all that transpires in these Chambers today, may Your will                                   
    be done.  Amen.                                                                                 

2002-04-29                     House Journal                      Page 3204
The Pledge of Allegiance was led by Representative Green.                                           
                                                                                                    
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 103rd, 104th, and 105th legislative days be approved as                             
certified by the Assistant Chief Clerk.  There being no objection, it                               
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HB 403                                                                                            
A message dated April 26, 2002, was read stating the Senate has                                     
passed:                                                                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 403(FIN) am(brf sup maj fld)(efd                                          
    fld)                                                                                            
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds."                                                                           
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 403(FIN) am                                                 
    S(brf sup maj fld S)                                                                            
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; and providing for an effective date."                                      
                                                                                                    
    (technical title change)                                                                        
                                                                                                    
The message was received at 1:21 p.m., April 27, 2002.                                              
                                                                                                    
CSHB 403(FIN) am(brf sup maj fld)(efd fld) is under Unfinished                                      
Business.                                                                                           
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    

2002-04-29                     House Journal                      Page 3205
HB 404                                                                                            
A message dated April 26, 2002, was read stating the Senate has                                     
passed CSHB 404(FIN) with the following amendment and it is                                         
transmitted for consideration:                                                                      
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 404(FIN)                                                    
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    
The message was received at 1:21 p.m., April 27, 2002.                                              
                                                                                                    
CSHB 404(FIN) is under Unfinished Business.                                                         
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HB 403                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 3204) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 403(FIN) am(brf sup maj fld)(efd                                          
    fld)                                                                                            
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds."                                                                           
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 403(FIN) am                                                 
    S(brf sup maj fld S)                                                                            
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; and providing for an effective date."                                      
                                                                                                    
    (technical title change)                                                                        
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**The presence of Representatives Kohring and Berkowitz was noted.                                  

2002-04-29                     House Journal                      Page 3206
Representative James moved that the House concur in the Senate                                      
amendment to CSHB 403(FIN) am(brf sup maj fld)(efd fld), thus                                       
adopting SCS CSHB 403(FIN) am S(brf sup maj fld S), and                                             
recommended that the members vote no.                                                               
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 403(FIN) am(brf sup maj fld)(efd fld)?"  The                                      
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 403(FIN) am S(brf sup maj fld S)                                                           
Concur                                                                                              
                                                                                                    
YEAS:  0   NAYS:  35   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Nays:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                          
Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski,                                         
Porter, Rokeberg, Stevens, Whitaker, Wilson                                                         
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Kott, Mulder, Scalzi, Williams                                                             
                                                                                                    
And so, the House failed to concur in the Senate amendment, thus                                    
failing to adopt SCS CSHB 403(FIN) am S(brf sup maj fld S).                                         
                                                                                                    
The Chief Clerk was instructed to so notify the Senate and respectfully                             
request it to recede.                                                                               
                                                                                                    
**The presence of Representatives Williams and Kott was noted.                                      
                                                                                                    
In the event the Senate fails to recede from its amendment and                                      
pursuant to Uniform Rule 42(a), the Speaker appointed the following                                 
members to a Conference Committee to meet with the like committee                                   
from the Senate to consider the above bills:                                                        
                                                                                                    
 Representative Mulder, Chair                                                                       
 Representative Williams                                                                            
 Representative Davies                                                                              
                                                                                                    

2002-04-29                     House Journal                      Page 3207
The Speaker stated that Uniform Rule 23(d) will be in effect with the                               
appointment of a Conference Committee to consider the operating                                     
budget.                                                                                             
                                                                                                    
                                                                                                    
HB 404                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 3205) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 404(FIN)                                                                  
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 404(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to CSHB 404(FIN), thus adopting SCS CSHB 404(FIN),                                        
and recommended that the members vote no.                                                           
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 404(FIN)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 404(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
                                                                                                    
YEAS:  0   NAYS:  37   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski,                                         
Porter, Rokeberg, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    

2002-04-29                     House Journal                      Page 3208
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Mulder, Scalzi                                                                             
                                                                                                    
And so, the House failed to concur in the Senate amendment, thus                                    
failing to adopt SCS CSHB 404(FIN).                                                                 
                                                                                                    
The Chief Clerk was instructed to so notify the Senate and respectfully                             
request it to recede.                                                                               
                                                                                                    
In the event the Senate fails to recede from its amendment and                                      
pursuant to Uniform Rule 42(a), the Speaker appointed the following                                 
members to a Conference Committee to meet with the like committee                                   
from the Senate to consider the above bills:                                                        
                                                                                                    
 Representative Mulder, Chair                                                                       
 Representative Williams                                                                            
 Representative Davies                                                                              
                                                                                                    
**The presence of Representative Mulder was noted.                                                  
                                                                                                    
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Hudson introduced Chelsea Lara, Guest Page, from                                     
Juneau.                                                                                             
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated April 26, 2002, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 43                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 43(STA)(title am) by                                             
the Senate State Affairs Committee:                                                                 
                                                                                                    

2002-04-29                     House Journal                      Page 3209
    Requesting the United States Congress to grant a two-year                                       
    moratorium on state maintenance of effort requirements for                                      
    federally funded programs.                                                                      
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 219                                                                                            
CS FOR SENATE BILL NO. 219(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act establishing and relating to the Navigable Waters                                       
    Commission for Alaska."                                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 497                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 497                                                                              
    "An Act giving notice of and approving the entry into, and the                                  
    issuance of, certificates of participation for the upgrade,                                     
    expansion, and replacement of certain correctional facilities and                               
    jails; giving notice of and approving the entry into, lease-financing                           
    agreements for certain of those projects; and providing for an                                  
    effective date."                                                                                
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Wilson, Crawford, Stevens, Hayes                                                      
                                                                                                    
No recommendation (3):  James, Fate, Coghill                                                        
                                                                                                    

2002-04-29                     House Journal                      Page 3210
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
2.  Fiscal, Dept. of Corrections                                                                    
                                                                                                    
HB 497 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 526                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE BILL NO. 526                                                                              
    "An Act relating to the deadline for filing financial disclosure                                
    statements for public members and public member nominees of                                     
    the Select Committee on Legislative Ethics."                                                    
                                                                                                    
The report was signed by Representative Kott, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Joule, Morgan, Porter, Kott                                                           
                                                                                                    
No recommendation (1):  Berkowitz                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Rules Committee/All Depts.                                                          
                                                                                                    
HB 526 was returned to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 140                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 140(FIN)                                                                 
    "An Act relating to regulation and licensing of certain water-                                  
    power development projects; and providing for an effective date."                               
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    

2002-04-29                     House Journal                      Page 3211
Do pass (5):  Stevens, Green, Chenault, Masek, Scalzi                                               
                                                                                                    
No recommendation (2):  Kerttula, Kapsner                                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
2.  Fiscal, Dept. of Natural Resources                                                              
3.  Fiscal, Dept. of Fish & Game                                                                    
                                                                                                    
CSSB 140(FIN) was referred to the Finance Committee.                                                
                                                                                                    
**The presence of Representative Scalzi was noted.                                                  
                                                                                                    
                                                                                                    
SB 302                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    CS FOR SENATE BILL NO. 302(JUD)                                                                 
    "An Act defining the term 'mental health professional' for the                                  
    purpose of statutes relating to the evaluation of prisoners who may                             
    need psychological or psychiatric treatment, for the purpose of                                 
    statutes relating to the evaluation of children in need of aid and                              
    delinquent minors who may need to be confined in a secure                                       
    residential psychiatric treatment center or who should be released                              
    from such a center, for the purpose of statutes requiring certain                               
    professionals to report the possibility that a vulnerable adult has                             
    been abused or neglected, and for the purpose of statutes relating                              
    to mental health civil commitments."                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 302(HES)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Dyson, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Coghill, Wilson, Cissna, Joule, Stevens, Dyson                                        
                                                                                                    

2002-04-29                     House Journal                      Page 3212
The following fiscal note(s) apply to HCS CSSB 302(HES):                                            
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
CSSB 302(JUD) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 354                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    SENATE BILL NO. 354                                                                             
    "An Act relating to the prices paid by milk processing plants to                                
    suppliers of fluid milk."                                                                       
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Meyer                                                                                 
                                                                                                    
No recommendation (4):  Rokeberg, Hayes, Crawford, Murkowski                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
SB 354 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Rear Admiral Thomas J. Barrett                                                           
By Representatives Hudson, Kerttula; Senator Elton                                                  
                                                                                                    
Honoring - Murlin "Mike" & Selina Everson, Fortieth Wedding                                         
Anniversary, May 12, 2002                                                                           
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    

2002-04-29                     House Journal                      Page 3213
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HCR 30                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 30 by the House Rules                                               
Committee:                                                                                          
                                                                                                    
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 11,                                    
    relating to required school attendance.                                                         
                                                                                                    
was read the first time and taken up later under Unfinished Business.                               
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 180                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 180                                                                              
    "An Act requiring child services providers to obtain criminal                                   
    background checks for child services workers."                                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT CS(HES) NT 4DP 3NR                                       3059                              
 FN1: ZERO(HSS)                                                   3059                              
 JUD RPT CS(JUD) NT 1DP 5NR                                       3124                              
 FN1: ZERO(HSS)                                                   3124                              
                                                                                                    
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. 180(JUD)                                                                  
    "An Act relating to persons who provide services related to                                     
    children; establishing a legislative task force on child services; and                          
    providing for an effective date."                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        

2002-04-29                     House Journal                      Page 3214
Representative James moved and asked unanimous consent that CSHB
180(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 180(JUD) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 180(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 180(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder,                                            
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                   
Wilson                                                                                              
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
And so, CSHB 180(JUD) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
CSHB 180(JUD) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
HB 271                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 271                                                                              
    "An Act relating to recovery of punitive damages resulting from                                 
    an aviation accident; and providing for an effective date."                                     
                                                                                                    

2002-04-29                     House Journal                      Page 3215
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) 2DP 2NR 3AM                                      2881                              
 FN1: ZERO(ADM)                                                   2881                              
 FN2: ZERO(CED)                                                   2881                              
 JUD RPT CS(JUD) 1DP 4NR 1AM                                      3125                              
 FN1: ZERO(ADM)                                                   3126                              
 FN2: ZERO(CED)                                                   3126                              
                                                                                                    
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. 271(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The Speaker stated that, without objection, CSHB 271(JUD) would be                                  
moved to the bottom of the calendar.                                                                
                                                                                                    
HB 517                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 517                                                                              
    "An Act relating to the disposition of surplus and obsolete state                               
    property."                                                                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT CS(STA) NT 3DP 4NR                                       3107                              
 FN1: ZERO(ADM)                                                   3108                              
                                                                                                    
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. 517(STA)                                                                  
    "An Act relating to the disposition of obsolete or surplus state                                
    property."                                                                                      
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2002-04-29                     House Journal                      Page 3216
Representative James moved and asked unanimous consent that CSHB
517(STA) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 517(STA) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 517(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 517(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder,                                            
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                   
Wilson                                                                                              
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
And so, CSHB 517(STA) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 266                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 266(RES)                                                                 
    "An Act authorizing the commissioner of community and                                           
    economic development to refinance and extend the term of a                                      
    fishery enhancement loan."                                                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT 9DP                                                      3167                              
 FN1: (CED)                                                       3168                              
                                                                                                    

2002-04-29                     House Journal                      Page 3217
Representative James moved and asked unanimous consent that CSSB
266(RES) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSSB 266(RES) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSSB 266(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSB 266(RES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                    
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Halcro                                                                                     
                                                                                                    
And so, CSSB 266(RES) passed the House, was signed by the Speaker                                   
and Acting Chief Clerk and returned to the Senate.                                                  
                                                                                                    
                                                                                                    
SB 297                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 297                                                                             
    "An Act moving employees of the Alaska mental health trust land                                 
    unit of the Department of Natural Resources from the partially                                  
    exempt service to the exempt service."                                                          
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT 5DP 1NR                                                  2641                              
 FN1: ZERO(DNR)                                                   2642                              
                                                                                                    

2002-04-29                     House Journal                      Page 3218
Representative James moved and asked unanimous consent that                                         
SB 297 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The Speaker stated that SB 297 will be in third reading on tomorrow's                               
calendar.                                                                                           
                                                                                                    
                                                                                                    
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 299                                                                                            
The following, which was advanced to third reading from the April 26,                               
2002, calendar (page 3188), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 299(RES)                                                                  
    "An Act providing for the naming and renaming of Alaska                                         
    geographic features."                                                                           
                                                                                                    
The question being:  "Shall CSHB 299(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 299(RES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder,                                            
Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson                                      
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, CSHB 299(RES) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    

2002-04-29                     House Journal                      Page 3219
HB 498                                                                                            
The following, which was advanced to third reading from the April 26,                               
2002, calendar (page 3177), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 498(FIN) am                                                               
    "An Act expressing legislative intent regarding privately operated                              
    correctional facility space and services; relating to the                                       
    development and financing of privately operated correctional                                    
    facility space and services; authorizing the Department of                                      
    Corrections to enter into an agreement for the confinement and                                  
    care of prisoners in privately operated correctional facility space                             
    in the City of Whittier; giving notice of and approving the entry                               
    into and the issuance of certificates of participation for the                                  
    upgrade, expansion, and replacement of a certain correctional                                   
    facility in the City of Bethel; giving notice of and approving the                              
    entry into lease-financing agreements for that project; and                                     
    providing for an effective date."                                                               
                                                                                                    
Amendment No. 6 (title amendment) was offered by Representatives                                    
Berkowitz and Halcro:                                                                               
                                                                                                    
                                                                                                    
Page 1, line 8, following "project;":                                                             
    Insert "authorizing the Department of Corrections to enter into                               
agreements with municipalities relating to correctional facilities;"                              
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Harris objected.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 498(FIN) am                                                                                    
Third Reading                                                                                       
Amendment No. 6 - title amendment                                                                   
                                                                                                    
YEAS:  12   NAYS:  25   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    

2002-04-29                     House Journal                      Page 3220
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess,                                    
Halcro, Hayes, Kapsner, Kerttula, Kookesh                                                           
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Harris, Hudson,                               
James, Joule, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan,                                     
Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                     
Williams, Wilson                                                                                    
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Masek, Moses                                                                               
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
The question being:  "Shall CSHB 498(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 498(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  24   NAYS:  14   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Harris, Hudson,                               
James, Joule, Kapsner, Kohring, Kookesh, Kott, Masek, Meyer,                                        
Morgan, Mulder, Porter, Rokeberg, Stevens, Whitaker, Williams,                                      
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Green, Guess,                                    
Halcro, Hayes, Kerttula, Lancaster, McGuire, Murkowski, Scalzi                                      
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 498(FIN) am passed the House.                                                          
                                                                                                    
Representative James moved the effective date clause.                                               
                                                                                                    
The question being: "Shall the effective date clause be adopted?"  The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 498(FIN) am                                                                                    
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  34   NAYS:  4   EXCUSED:  1   ABSENT:  1                                                   

2002-04-29                     House Journal                      Page 3221
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster,                                
Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire,                                        
Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi,                                         
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Hayes                                                           
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative Halcro gave notice of reconsideration of the vote on                                 
CSHB 498(FIN) am.                                                                                   
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 308                                                                                            
The following, which was advanced to third reading from the April 26,                               
2002, calendar (page 3180), was read the third time:                                                
                                                                                                    
    CS FOR SENATE BILL NO. 308(FIN)                                                                 
    "An Act relating to the Alaska coastal management program and                                   
    the responsibilities of the Alaska Coastal Policy Council; and                                  
    providing for an effective date."                                                               
                                                                                                    
The question being:  "Shall CSSB 308(FIN) pass the House?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
CSSB 308(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies,                                   
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Ogan                                                                                      

2002-04-29                     House Journal                      Page 3222
                                                                                                    
Absent:  Berkowitz, Moses                                                                           
                                                                                                    
And so, CSSB 308(FIN) passed the House.                                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - University of Alaska Fairbanks Ski Team, Outstanding                                     
Performance in 2001-2002 Season                                                                     
By Representatives James, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess,                                
Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring,                                   
Kookesh, Kott, Masek, McGuire, Meyer, Morgan, Mulder,                                               
Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Wilson                                        
                                                                                                    
                                                                                                    
Honoring - Wainwright Wolverines Basketball State Champions,                                        
Women's Class 1A State Championship                                                                 
By Senator Olson; Representatives Joule, Porter, Berkowitz, Bunde,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green,                                   
Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula,                                     
Kohring, Kookesh, Kott, Masek, McGuire, Meyer, Morgan, Mulder,                                      
Murkowski, Ogan, Rokeberg, Stevens, Wilson                                                          
                                                                                                    
Honoring - Harriet "Peggy" McBride on the Occasion of Her 90th                                      
Birthday                                                                                            
By Senator Ward; Representatives Chenault, Porter, Berkowitz,                                       
Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green,                                      
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Kott, Masek, McGuire, Meyer, Morgan,                                    
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Wilson                                                  
                                                                                                    

2002-04-29                     House Journal                      Page 3223
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
HB 271                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3215), was again before the House:                                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 271(JUD)                                                                  
    "An Act relating to recovery of punitive damages resulting from                                 
    an aviation accident; and providing for an effective date."                                     
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
271(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSHB 271(JUD) will be in third reading on                                   
tomorrow's calendar.                                                                                
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 11                                                                                             
Representative Kapsner moved and asked unanimous consent that the                                   
reconsideration (page 3187) of the following be held until May 1,                                   
2002:                                                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 11(FIN) am H                                                             
    "An Act relating to required school attendance and relating to a                                
    curriculum for Alaska history; and providing for an effective                                   
    date."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HCR 30                                                                                            
Representative James moved and asked unanimous consent that the                                     
House take up HCR 30.  There being no objection, the following was                                  
before the House in final passage:                                                                  
                                                                                                    

2002-04-29                     House Journal                      Page 3224
    HOUSE CONCURRENT RESOLUTION NO. 30                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 11,                                    
    relating to required school attendance.                                                         
                                                                                                    
The question being: "Shall HCR 30 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HCR 30                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  3   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies,                                 
Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James,                                    
Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer,                                 
Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                       
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Coghill, Kohring, Masek                                                                      
                                                                                                    
Excused:  Ogan                                                                                      
                                                                                                    
Absent:  Foster, Moses, Whitaker                                                                    
                                                                                                    
And so, HCR 30 passed the House.                                                                    
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Kohring - from 7:06 a.m. to 9:47 p.m., plane time,                                   
May 4, 2002                                                                                         
                                                                                                    
HB 6                                                                                              
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 6                                                                                
    "An Act relating to optional exemptions from municipal property                                 
    taxes on residential property."                                                                 
                                                                                                    

2002-04-29                     House Journal                      Page 3225
HB 180                                                                                            
Representatives Hayes, Chenault, Crawford, Meyer, and Cissna added                                  
their names as cosponsors to:                                                                       
                                                                                                    
    CS FOR HOUSE BILL NO. 180(JUD)                                                                  
    "An Act relating to persons who provide services related to                                     
    children; establishing a legislative task force on child services; and                          
    providing for an effective date."                                                               
                                                                                                    
SB 266                                                                                            
Representatives Kerttula and James added their names as cross                                       
sponsors to:                                                                                        
                                                                                                    
    CS FOR SENATE BILL NO. 266(RES)                                                                 
    "An Act authorizing the commissioner of community and                                           
    economic development to refinance and extend the term of a                                      
    fishery enhancement loan."                                                                      
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 180                                                                                            
CSHB 180(JUD) was engrossed, signed by the Speaker and Acting                                       
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
HB 299                                                                                            
CSHB 299(RES) was engrossed, signed by the Speaker and Acting                                       
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
HB 499                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Acting Chief Clerk                                
and transmitted to the Senate for consideration:                                                    
                                                                                                    
    CS FOR HOUSE BILL NO. 499(JUD)                                                                  
    "An Act declaring legislative intent to reject the continuity of                                
    enterprise exception to the doctrine of successor liability adopted                             
    in Savage Arms, Inc. v. Western Auto Supply, 18 P.3d 49 (Alaska                                 
    2001) as it relates to products liability; providing that a successor                           
    corporation or other business entity that acquires assets of a                                  

2002-04-29                     House Journal                      Page 3226
    predecessor corporation or other business entity is subject to                                  
    liability for harm to persons or property caused by a defective                                 
    product sold or otherwise distributed commercially by the                                       
    predecessor only if the acquisition is accompanied by an                                        
    agreement for the successor to assume the liability, results from a                             
    fraudulent conveyance to escape liability for the debts or liabilities                          
    of the predecessor, constitutes a consolidation or merger with the                              
    predecessor, or results in the successor's becoming a continuation                              
    of the predecessor; defining 'business entity' that acquires assets to                          
    include a sole proprietorship; and applying this Act to the sale,                               
    lease, exchange, or other disposition of assets by a corporation, a                             
    limited liability company, a partnership, a limited liability                                   
    partnership, a limited partnership, a sole proprietorship, or other                             
    business entity that occurs before, on, or after the effective date of                          
    this Act."                                                                                      
                                                                                                    
HB 517                                                                                            
CSHB 517(STA) was engrossed, signed by the Speaker and Acting                                       
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HCR 26                                                                                            
The following was enrolled, signed by the Speaker and Acting Chief                                  
Clerk, President and Secretary of the Senate, and the engrossed and                                 
enrolled copies were transmitted to the Office of the Governor at                                   
5:10 p.m., April 26, 2002:                                                                          
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA)                                                  
    Supporting increased use of the house arrest program/electronic                                 
    monitoring with sobriety monitoring as a means of preventing                                    
     crime and reducing the high costs of imprisonment in Alaska.                                  
                                                                                                    
HB 411                                                                                            
The following was enrolled, signed by the Speaker and Acting Chief                                  
Clerk, President and Secretary of the Senate, and the engrossed and                                 
enrolled copies were transmitted to the Office of the Governor at                                   
5:10 p.m., April 26, 2002:                                                                          
                                                                                                    

2002-04-29                     House Journal                      Page 3227
    HOUSE BILL NO. 411                                                                              
    "An Act relating to physician assistants; providing that a physician                            
    assistant is a health care provider covered by certain laws relating                            
    to medical malpractice actions; adding physician assistants to the                              
    list of providers against whom unfair discrimination relating to                                
    health care insurance is prohibited and to the list of providers who                            
    can provide proof of disablement or handicap for the purpose of                                 
    motor vehicle registration or for the purpose of obtaining a special                            
    license plate or a special parking permit; and providing for an                                 
    effective date."                                                                                
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus          Speaker's Chamber              upon adj., 4/29                             
                                                                                                    
                                                                                                    
With appointment of the Conference Committee on the operating                                       
budget, Rule 23(d) of the Uniform Rules is in effect as of April 29,                                
2002.  Submit written notice of a meeting by 4:00 p.m. to the Chief                                 
Clerk's office for publication in the next day's committee schedule.                                
                                                                                                    
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Resources Committee                                                                                 
CHANGED TO:                                             1:30 p.m., 4/29                             
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., April 30, 2002.  There being no                                     
objection, the House adjourned at 12:42 p.m.                                                        
                                                                                                    
                                           Solyra Sepulveda                                         
                                           Assistant Chief Clerk