Legislature(2001 - 2002)

2002-05-09 House Journal

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2002-05-09                     House Journal                      Page 3457
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                                      
                                                                                                    
Juneau, Alaska                  Thursday                   May 9, 2002                            
                                                                                                    
                       One Hundred Sixteenth Day                                               
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:05 a.m.                                                                                
                                                                                                    
Roll call showed 39 members present.  Representative Masek was                                      
absent and her presence was noted later.                                                            
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Hudson be excused from a call of the House from                                      
11:00 a.m. to noon today.  There being no objection, it was so ordered.                             
                                                                                                    
The invocation was offered by Mr. Howard Fletcher Scaman of the                                     
Council on Alcohol Abuse and Public Safety-Alaska.  Representative                                  
Bunde moved and asked unanimous consent that the invocation be                                      
spread on the journal.  There being no objection, it was so ordered.                                
                                                                                                    
    God, Grant us the Serenity to accept the things we cannot                                       
    change, the Courage to change the things we can, and the                                        
    Wisdom to know the difference.                                                                  
                                                                                                    
    Guide these fine men and women in these final days of this                                      
    session as they make the difficult decisions that affect our                                    
    future.  And, God, please guide all of us who attempt to                                        
    advise our legislators so that we may be factual and ethical in                                 
    our actions and tolerant and respectful of the opinions of                                      
    others.                                                                                         
                                                                                                    
    Thank you.  We appreciate and we are grateful for the                                           
    privilege of living in this wonderful and majestic land.  And,                                  
    we are truly grateful for the courage and wisdom of our                                         
    elected officials who govern us so well.  Amen.                                                 

2002-05-09                     House Journal                      Page 3458
The Pledge of Allegiance was led by Representative Guess.                                           
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 115th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HB 411                                                                                            
A message dated May 8, 2002, was read stating the Governor has                                      
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    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."                                                                                
                                                                                                    
    Chapter No. 18, SLA 2002                                                                        
    Effective Date:  See Chapter                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
SJR 44                                                                                            
A message dated May 8, 2002, was read stating the Senate has                                        
concurred in the House amendment to CSSJR 44(L&C), thus                                             
adopting:                                                                                           
                                                                                                    
    HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                                                 
    44(L&C)                                                                                         
    Relating to preparation of a joint state-federal research and                                   
    development plan.                                                                               

2002-05-09                     House Journal                      Page 3459
SB 319                                                                                            
A message dated May 8, 2002, was read stating the Senate has                                        
concurred in the House amendment to CSSB 319(FIN), thus adopting:                                   
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 319(RES)                                                    
    "An Act relating to shallow natural gas; and providing for an                                   
    effective date."                                                                                
                                                                                                    
                                                                                                    
Messages dated May 8, 2002, were read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SCR 26                                                                                            
SENATE CONCURRENT RESOLUTION NO. 26 by Senator Green:                                               
                                                                                                    
    Relating to Avalanche Awareness Month.                                                          
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 226                                                                                            
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
226(FIN) am by the Senate Finance Committee, entitled:                                              
                                                                                                    
    "An Act relating to design of highway projects; and providing for                               
    an effective date."                                                                             
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
                                                                                                    
SB 239                                                                                            
SENATE BILL NO. 239 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    

2002-05-09                     House Journal                      Page 3460
    "An Act relating to state employees who are called to active duty                               
    as reserve or auxiliary members of the armed forces of the United                               
    States; and providing for an effective date."                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 363                                                                                            
CS FOR SENATE BILL NO. 363(STA) am by the Senate State                                              
Affairs Committee, entitled:                                                                        
                                                                                                    
    "An Act relating to communications and elections, to reporting of                               
    contributions and expenditures, and to campaign misconduct in                                   
    the second degree; relating to disclosure by individuals of                                     
   contributions to candidates; and providing for an effective date."                              
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
SB 364                                                                                            
SENATE BILL NO. 364 by the Senate Rules Committee by request,                                       
entitled:                                                                                           
                                                                                                    
    "An Act relating to medical services under the state Medicaid                                   
    program."                                                                                       
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Public Safety                                                                              
Violent Crimes Compensation Board                                                                   
Twenty-Eighth Annual Report 2001                                                                    
(as required by AS 18.67.170)                                                                       
                                                                                                    
Alaska Court System                                                                                 
Alaska Commission on Judicial Conduct                                                               
2001 Annual Report                                                                                  
                                                                                                    

2002-05-09                     House Journal                      Page 3461
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 533                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 533                                                                              
    "An Act relating to public building projects of the Alaska Housing                              
    Finance Corporation, authorizing the financing by the Alaska                                    
    Housing Finance Corporation of a building in Anchorage for                                      
    office space for state, federal, and municipal agencies and                                     
    subdivisions; and providing for an effective date."                                             
                                                                                                    
The report was signed by Representative Coghill, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Wilson, Crawford, Stevens, James, Fate                                                
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 533 was referred to the Finance Committee.                                                       
                                                                                                    
SB 215                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    CS FOR SENATE BILL NO. 215(FIN)                                                                 
    "An Act relating to licensing common carriers to dispense                                       
    alcoholic beverages; and providing for an effective date."                                      
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Rokeberg, Meyer, Kott                                                                 
                                                                                                    
No recommendation (4):  Hayes, Crawford, Halcro, Murkowski                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 

2002-05-09                     House Journal                      Page 3462
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
CSSB 215(FIN) was referred to the Finance Committee.                                                
                                                                                                    
                                                                                                    
SB 222                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 222(FIN)                                                                 
    "An Act relating to certain motor vehicles that are required to                                 
    yield to following traffic."                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 222(FIN)                                                    
    "An Act relating to certain motor vehicles that are required to                                 
    yield to following traffic and to fines for offenses committed in                               
    highway work zones."                                                                            
                                                                                                    
    (pending authorization by a concurrent resolution)                                              
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Bunde, Lancaster, Foster, Mulder, Williams                                            
                                                                                                    
No recommendation (5):  Whitaker, Harris, Croft, Davies, Hudson                                     
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 222(FIN):                                            
                                                                                                    
1.  Fiscal, Dept. of Transportation & Public Facilities                                             
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
CSSB 222(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
                                                                                                    
SB 270                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    

2002-05-09                     House Journal                      Page 3463
    CS FOR SENATE BILL NO. 270(L&C)                                                                 
    "An Act extending the termination date of the Board of                                          
    Dispensing Opticians; relating to the regulation of dispensing                                  
    opticians; and providing for an effective date."                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 270(L&C)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Murkowski, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Rokeberg, Crawford                                                                    
                                                                                                    
No recommendation (4):  Meyer, Kott, Halcro, Murkowski                                              
                                                                                                    
A House Labor & Commerce Committee letter of intent for HCS                                         
CSSB 270(L&C), signed by Representative Murkowski, Chair, and                                       
Representative Halcro, Vice Chair, follows:                                                         
                                                                                                    
"It is the intent of the House Labor and Commerce Committee that the                                
Board of Dispensing Opticians researches the options for conducting a                               
practical examination for licensure as a dispensing optician.  The                                  
board shall report its findings and recommendations regarding                                       
practical examination to both the chair of this committee and the                                   
legislative auditor by June 30, 2003.  The Division of Legislative                                  
Audit is directed to consider the board's report as part of the next                                
sunset review of the board."                                                                        
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 270(L&C):                                            
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
CSSB 270(L&C) was referred to the Finance Committee.                                                
                                                                                                    
                                                                                                    
SB 278                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2002-05-09                     House Journal                      Page 3464
    CS FOR SENATE BILL NO. 278(FIN)                                                                 
    "An Act requiring a good faith effort to purchase property before                               
    that property is taken through eminent domain; and providing for                                
    an effective date."                                                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 278(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Mulder and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Bunde, Whitaker, Croft, Lancaster, Williams                                           
                                                                                                    
No recommendation (4):  Harris, Davies, Foster, Mulder                                              
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 278(FIN):                                            
                                                                                                    
1.  Zero, Alaska Court System                                                                       
4.  Fiscal, Dept. of Transportation & Public Facilities                                             
                                                                                                    
CSSB 278(FIN) 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 - Denise Greene-Wilkinson as Alaska's Small School                                         
Principal of the Year                                                                               
By Representative Kott; Senator Phillips                                                            
                                                                                                    
Honoring - Norm Wooten, The 2002 United States Coast Guard                                          
Civilian Employee of the Year                                                                       
By Senator Austerman; Representative Stevens                                                        
                                                                                                    
In Memoriam - William L. Crouse                                                                     
By Representative Kott; Senator Phillips                                                            

2002-05-09                     House Journal                      Page 3465
In Memoriam - Donald Zimmerman III                                                                  
By Representative Kott; Senator Phillips                                                            
                                                                                                    
In Memoriam - Dora Sweeney                                                                          
By Representatives Kerttula, Hudson; Senator Elton                                                  
                                                                                                    
In Memoriam - Daniel (Danny) Richard Baines                                                         
By Senator Taylor; Representative Wilson                                                            
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 510                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 510                                                                              
    "An Act relating to the regulation of commercial motor vehicles to                              
    avoid loss or withholding of federal highway money, and to out-                                 
    of-service orders concerning commercial motor vehicles;                                         
    amending Rule 43.1, Alaska Rules of Administration; and                                         
    providing for an effective date."                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT 4DP                                                       2777                             
 FN1: ZERO(DOT)                                                    2777                             
 JUD RPT 3DP 2NR                                                   3092                             
 FN1: ZERO(DOT)                                                    3092                             
                                                                                                    
**The presence of Representative Masek was noted.                                                   
                                                                                                    
Representative James moved and asked unanimous consent that                                         
HB 510 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 510 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 510 pass the House?"  The roll was                                   
taken with the following result:                                                                    

2002-05-09                     House Journal                      Page 3466
                                                                                                    
HB 510                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies,                                  
Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter,                                     
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Absent:  Chenault, Moses                                                                            
                                                                                                    
And so, HB 510 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                             
court rule change.  There being no objection, it was so ordered.                                    
                                                                                                    
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.                                
                                                                                                    
HB 510 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 299                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 299(FIN)                                                                 
    "An Act relating to the establishment of an additional southcentral                             
    panel to the Alaska Workers' Compensation Board and to                                          
   appointments to that panel; and providing for an effective date."                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT 7DP                                                       3419                             
 FN1: (LWF)                                                        3419                             
                                                                                                    

2002-05-09                     House Journal                      Page 3467
Representative James moved and asked unanimous consent that CSSB
299(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSSB 299(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSSB 299(FIN) pass the House?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
CSSB 299(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                 
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSSB 299(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.                                
                                                                                                    
CSSB 299(FIN) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
SB 302                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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                              

2002-05-09                     House Journal                      Page 3468
    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."                                                            
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT HCS(HES) 6DP                                              3211                             
 FN1: ZERO(HSS)                                                    3212                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 302(HES)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSB 302(HES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that HCS CSSB 302(HES) will be in third reading                                  
on tomorrow's calendar.                                                                             
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SJR 41                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 41                                                                  
      Relating to reconstruction and paving of the Alaska Highway.                                 
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT 5DP                                                       3443                             
 FN1: ZERO(S.TRA)                                                  3444                             
                                                                                                    

2002-05-09                     House Journal                      Page 3469
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 5:                                                                                     
 Delete "respectfully"                                                                              
                                                                                                    
Page 2, line 6, following "government and":                                                         
 Insert "respectfully urges"                                                                        
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative James moved and asked unanimous consent that                                         
SJR 41 am H be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
SJR 41 am H was read the third time.                                                                
                                                                                                    
The question being:  "Shall SJR 41 am H pass the House?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SJR 41 am H                                                                                         
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                 
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, SJR 41 am H passed the House and was referred to the Chief                                  
Clerk for engrossment.                                                                              
                                                                                                    
                                                                                                    
SCR 33                                                                                            
The following was read the second time:                                                             
                                                                                                    

2002-05-09                     House Journal                      Page 3470
    SENATE CONCURRENT RESOLUTION NO. 33                                                             
    Relating to Ovarian Cancer Awareness Month.                                                     
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT 6DP                                                       3443                             
 FN1: ZERO(S.STA)                                                  3443                             
                                                                                                    
The question being:  "Shall SCR 33 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 33                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                 
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, SCR 33 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                  THIRD READING OF SENATE RESOLUTIONS                                            
                                                                                                    
SJR 43                                                                                            
The following, which was advanced to third reading from the May 8,                                  
2002, calendar (page 3453), was read the third time:                                                
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 43(STA)(title am)                                            
    am H                                                                                            
    Requesting that the Alaska State Senate pass a long-range fiscal                                
    plan.                                                                                           
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
CSSJR 43(STA)(title am) am H be returned to second reading for the                                  
specific purpose of rescinding previous action in adopting Amendment                                
No. 2 (page 3451).  There being no objection, it was so ordered.                                    

2002-05-09                     House Journal                      Page 3471
Representative Berkowitz moved and asked unanimous consent that                                     
the House rescind previous action in adopting Amendment No. 2.                                      
There being no objection, it was so ordered.                                                        
                                                                                                    
The following was before the House in third reading:                                                
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 43(STA)(title am)                                            
    Requesting the United States Congress to grant a two-year                                       
    moratorium on state maintenance of effort requirements for                                      
    federally funded programs.                                                                      
                                                                                                    
Representative Hudson, who had been previously excused (page                                        
3457), left the Chamber.                                                                            
                                                                                                    
The question being:  "Shall CSSJR 43(STA)(title am) pass the                                        
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSSJR 43(STA)(title am)                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  23   NAYS:  14   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
James, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder,                                      
Ogan, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson                                           
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Hayes, Joule, Kapsner, Kerttula, Kohring, Kookesh, Murkowski                                        
                                                                                                    
Excused:  Hudson                                                                                    
                                                                                                    
Absent:  Moses, Rokeberg                                                                            
                                                                                                    
And so, CSSJR 43(STA)(title am) passed the House.                                                   
                                                                                                    
Representative Croft gave notice of reconsideration of the vote on                                  
CSSJR 43(STA)(title am).                                                                            
                                                                                                    
                         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:                             

2002-05-09                     House Journal                      Page 3472
Honoring - Karen Perdue                                                                             
By Representatives Hayes, Porter, Berkowitz, Bunde, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess,                                
Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                      
Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Rokeberg,                                      
Stevens, Williams, Wilson                                                                           
                                                                                                    
                                                                                                    
Honoring - The City of Seward                                                                       
By Representatives Lancaster, Porter, Berkowitz, Bunde, Chenault,                                   
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess,                                      
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan,                                      
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         
                                                                                                    
                                                                                                    
Honoring - George and Peggy Brown                                                                   
By Senators Phillips, Ward; Representatives Porter, Berkowitz,                                      
Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson,                                   
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Mulder,                                           
Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                                
                                                                                                    
                                                                                                    
Honoring - The Dedicated Volunteers of Chugiak Volunteer Fire                                       
Department                                                                                          
By Senators Halford, Phillips; Representatives Dyson, Kott, Porter,                                 
Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Davies, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                  
Kapsner, Kerttula, Kohring, Lancaster, Masek, McGuire, Meyer,                                       
Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
In Memoriam - Elsie May Handley                                                                     
By Representatives Chenault, Kohring, Lancaster, Porter, Berkowitz,                                 
Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster,                                     
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kott, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                   
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                                   
                                                                                                    

2002-05-09                     House Journal                      Page 3473
In Memoriam - Darris Allen "Al" Cress, Sr.                                                          
By Representatives Chenault, Lancaster, Porter, Berkowitz, Bunde,                                   
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess,                                     
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, Masek, McGuire, Meyer, Morgan, Mulder,                                               
Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                        
                                                                                                    
                                                                                                    
In Memoriam - Andrew Benson Reeve                                                                   
By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna,                                      
Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro,                                     
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                                   
                                                                                                    
                                                                                                    
In Memoriam - Edwin Hanke                                                                           
By Representatives Chenault, Lancaster, Porter, Berkowitz, Bunde,                                   
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess,                                     
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                               
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                             
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         
                                                                                                    
                                                                                                    
In Memoriam - Marc Odell Zerbe                                                                      
By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna,                                      
Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro,                                     
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                                   
                                                                                                    
                                                                                                    
In Memoriam - Maria Lee Thibodeau                                                                   
By Representatives Chenault, Lancaster, Porter, Berkowitz, Bunde,                                   
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess,                                     
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                               
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan,                                             
Rokeberg, Scalzi, Stevens, Williams, Wilson                                                         
                                                                                                    
                                                                                                    

2002-05-09                     House Journal                      Page 3474
In Memoriam - Shelby E. Johnson                                                                     
By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna,                                      
Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro,                                     
Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott,                                       
Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski,                                        
Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson                                                   
                                                                                                    
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HB 375                                                                                            
Representative James moved and asked unanimous consent that the                                     
House consider the Senate message (page 3440) on the following at                                   
this time:                                                                                          
                                                                                                    
    HOUSE BILL NO. 375 am                                                                           
    "An Act making corrective amendments to the Alaska Statutes as                                  
    recommended by the revisor of statutes; and providing for an                                    
    effective date."                                                                                
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR HOUSE BILL NO. 375(JUD)                                                           
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative James moved that the House concur in the Senate                                      
amendment to HB 375 am, thus adopting SCS HB 375(JUD), and                                          
recommended that the members vote yes.                                                              
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to HB 375 am?"  The roll was taken with the following                                     
result:                                                                                             
                                                                                                    
SCS HB 375(JUD)                                                                                     
Concur                                                                                              
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    

2002-05-09                     House Journal                      Page 3475
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster,                                 
Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter,                                     
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Hudson                                                                                    
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS HB 375(JUD).                                                                                    
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk was instructed to so notify the Senate.                                             
                                                                                                    
SCS HB 375(JUD) was referred to the Chief Clerk for enrollment.                                     
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
SB 278                                                                                            
Representative Croft added his name as cross sponsor to:                                            
                                                                                                    
    CS FOR SENATE BILL NO. 278(FIN)                                                                 
    "An Act requiring a good faith effort to purchase property before                               
    that property is taken through eminent domain; and providing for                                
    an effective date."                                                                             
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 510                                                                                            
HB 510 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
SJR 41                                                                                            
SJR 41 am H was engrossed, signed by the Speaker and Chief Clerk                                    
and transmitted to the Senate for consideration.                                                    
                                                                                                    

2002-05-09                     House Journal                      Page 3476
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Community & Regional Affairs Committee                                                              
CONTINUED:                                                upon adj., 5/9                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., May 10, 2002.  There being no                                       
objection, the House adjourned at 11:21 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk