Legislature(2001 - 2002)
2002-05-12 House Journal
Full Journal pdf2002-05-12 House Journal Page 3561 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Sunday May 12, 2002 One Hundred Nineteenth Day Pursuant to adjournment the House was called to order by Speaker Porter at 1:19 p.m. Roll call showed 32 members present. Representatives Guess, Joule, Kapsner, Kerttula, Kohring, Kott, Masek, and Moses were absent and their presence was noted later. The invocation was offered by Representative Murkowski, Chaplain Designee. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Her Greatest Gift by Anne Louise Fritz You held the door open to the world And showed me it was there for the taking All the beauty of the sea and stars, To love, to fear, to hold close to my heart. Then you sent me on my journey, Knowing all along that you couldn't follow. You respected my different path Even as it led to higher heights and Sights you've never seen. And now, we are different, but entirely the same. Me, a part of you, in this crazy, fabulous world, Remembering, and strengthened by, The courage and endless faith of your broad love As I start to soar and fly ever outward on my own. 2002-05-12 House Journal Page 3562 Dear Lord, Please let Your strength and courage flow forth as that from a mother's embrace. Today, and in the last days of session, we will need Your strength to carry on through the challenging times, Your courage to stand up for what we believe, and most of all, the inspiration to work together for the greater good of all Alaskans. So often we look to our parents for guidance and support, today is that special day we look toward our mothers. We are the people we are today because of the endless faith and nurturing of our mothers. Dear Lord, we offer a special blessing for all mothers and their families. Amen. The Pledge of Allegiance was led by Representative Davies. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 118th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 352 A message dated May 11, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 352(HES) am "An Act extending the dates for assignment of performance designations of public schools and the dates for reports and monitoring based on those designations; and providing for an effective date." CSHB 352(HES) am was referred to the Chief Clerk for enrollment. HB 374 A message dated May 11, 2002, was read stating the Senate has passed: 2002-05-12 House Journal Page 3563 HOUSE BILL NO. 374 "An Act naming the David Douthit Veterans' Memorial Bridge." HB 374 was referred to the Chief Clerk for enrollment. HB 444 A message dated May 11, 2002, was read stating the Senate has passed: HOUSE BILL NO. 444 "An Act relating to buildings covered under the Alaska public building fund; and providing for an effective date." HB 444 was referred to the Chief Clerk for enrollment. HB 523 A message dated May 11, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 523(TRA) "An Act naming the state airport at the City of Unalaska the Tom Madsen Airport." CSHB 523(TRA) was referred to the Chief Clerk for enrollment. HB 4 A message dated May 11, 2002, was read stating the Senate has passed CSHB 4(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN) "An Act relating to motor vehicles and to operating a motor vehicle, aircraft, or watercraft; and providing for an effective date." CSHB 4(FIN) am is under Unfinished Business. 2002-05-12 House Journal Page 3564 HB 128 A message dated May 11, 2002, was read stating the Senate has passed CSHB 128(L&C)(efd add) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 128(FIN) "An Act relating to the required approval of the commissioner of labor and workforce development for the employment of certain minors; and providing for an effective date." CSHB 128(L&C)(efd add) is under Unfinished Business. HB 206 A message dated May 11, 2002, was read stating the Senate has passed CSHB 206(RLS) with the following amendment and it is transmitted for consideration: CS FOR HOUSE BILL NO. 206(RLS) am S "An Act relating to a vessel-based commercial fisheries limited entry system for the Bering Sea Korean hair crab fishery and for weathervane scallop fisheries, to management of offshore fisheries, and to the definition of 'person' for purposes of the commercial fisheries entry program; and providing for an effective date." CSHB 206(RLS) is under Unfinished Business. HB 286 A message dated May 11, 2002, was read stating the Senate has passed CSHB 286(RES) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 286(RES) "An Act allowing a person to hold two commercial fishing entry permits for a salmon fishery for the purpose of consolidating the fishing fleet for a salmon fishery; relating to salmon fishery associations and to salmon fishery assessments; and providing for an effective date." CSHB 286(RES) am is under Unfinished Business. 2002-05-12 House Journal Page 3565 **The presence of Representatives Kohring and Guess was noted. SB 11 A message dated May 11, 2002, was received stating the Senate has adopted the Conference Committee report on CSSB 11(FIN) am H and CSSB 11(FIN), thus adopting: CONFERENCE CS FOR SENATE BILL NO. 11 "An Act relating to required school attendance; and providing for an effective date." The House has adopted CCS SB 11 (page 3517). Messages dated May 11, 2002, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 37 SENATE CONCURRENT RESOLUTION NO. 37 by the Senate Labor & Commerce Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 274, relating to workers' compensation. was read the first time. FIRST READING AND REFERENCE OF SENATE BILLS SB 54 CS FOR SENATE BILL NO. 54(FIN) by the Senate Finance Committee, entitled: "An Act establishing the Alaska Veterans Advisory Council; and providing for an effective date." was read the first time and referred to the Finance Committee. 2002-05-12 House Journal Page 3566 **The presence of Representative Kerttula was noted. SB 267 CS FOR SENATE BILL NO. 267(FIN) by the Senate Finance Committee, entitled: "An Act establishing the Alaska veterans' memorial endowment fund and providing for credits against certain taxes for contributions to that fund; providing that the amount of each tax credit for contributions to the Alaska veterans' memorial endowment fund on amounts that do not exceed $100,000 is 50 percent and on amounts that exceed $100,000 but do not exceed $200,000 is 75 percent; relating to other tax credits for certain contributions; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 268 SENATE BILL NO. 268 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the issuance of state-guaranteed revenue bonds by the Alaska Housing Finance Corporation to finance mortgages for qualifying veterans; and providing for an effective date." was read the first time and referred to the Rules Committee. SB 371 CS FOR SENATE BILL NO. 371(RES) am by the Senate Resources Committee, entitled: "An Act exempting the use of munitions in certain areas from a waste disposal permit requirement of the Department of Environmental Conservation; relating to general or nationwide permits under the Alaska coastal management program and to authorizations and permits issued by the Alaska Oil and Gas Conservation Commission; and providing for an effective date." which was held on the Chief Clerk's desk (page 3532), was read again the first time and referred to the Rules Committee. 2002-05-12 House Journal Page 3567 REPORTS OF STANDING COMMITTEES SB 180 The Finance Committee has considered: CS FOR SENATE BILL NO. 180(FIN)(efd fld) "An Act implementing pay differentials based on geographic areas for certain state employees and for members of the Alaska State Defense Force; relating to cost-of-living differentials for state aid to municipalities." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Whitaker, Harris, Croft, Davies, Foster, Mulder, Williams Do not pass (1): Lancaster No recommendation (1): Hudson The following fiscal note(s) apply to HCS CSSB 180(FIN): 5. Fiscal, Alaska Court System 6. Fiscal, Dept. of Administration/All Depts. CSSB 180(FIN)(efd fld) is on today's calendar. SB 206 The Finance Committee has considered: 2002-05-12 House Journal Page 3568 CS FOR SENATE BILL NO. 206(TRA) "An Act relating to registration plates and parking permits for persons with disabilities and to illegal use of parking spaces for persons with disabilities." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 206(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (10): Bunde, Whitaker, Harris, Croft, Davies, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (1): Moses The following fiscal note(s) apply to HCS CSSB 206(FIN): 2. Zero, Dept. of Public Safety 3. Zero, Dept. of Administration CSSB 206(TRA) is on today's calendar. SB 252 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 252(RLS) "An Act renaming the Alaska Human Resource Investment Council as the Alaska Workforce Investment Board and relating to its membership; relating to repayment on promissory notes for work-related items paid for by grant programs; extending the termination date of the state training and employment program; relating to employment and training activities; and providing for an effective date." The report was signed by Representative Murkowski, Chair, with the following individual recommendations: 2002-05-12 House Journal Page 3569 Do pass (2): Crawford, Halcro No recommendation (4): Rokeberg, Meyer, Hayes, Murkowski The following fiscal note(s) apply: 4. Fiscal, Dept. of Labor & Workforce Development 5. Fiscal, Dept. of Labor & Workforce Development 6. Fiscal, Dept. of Labor & Workforce Development 7. Fiscal, Dept. of Labor & Workforce Development CSSB 252(RLS) was referred to the Finance Committee. SB 359 The Finance Committee has considered: CS FOR SENATE BILL NO. 359(RLS) "An Act relating to organization grants for mergers, consolidations, or unifications involving third class boroughs; and relating to identification by the Local Boundary Commission of areas that meet the standards for borough incorporation." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 359(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (9): Bunde, Whitaker, Harris, Croft, Davies, Lancaster, Foster, Mulder, Williams The following fiscal note(s) apply to HCS CSSB 359(FIN): 2. Fiscal, Dept. of Community & Economic Development CSSB 359(RLS) is on today's calendar. 2002-05-12 House Journal Page 3570 SB 364 The Finance Committee has considered: SENATE BILL NO. 364 "An Act relating to medical services under the state Medicaid program." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (6): Whitaker, Harris, Lancaster, Foster, Mulder, Williams Do not pass (2): Croft, Davies No recommendation (1): Bunde The following fiscal note(s) apply: 1. Indeterminate, Dept. of Health & Social Services SB 364 was referred to the Rules Committee for placement on the calendar. SB 369 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 369(RLS) "An Act relating to trusts, including trust protectors, trustee advisors, and transfers of trust interests, and to creditors' claims against property subject to a power of appointment; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 369(JUD) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: 2002-05-12 House Journal Page 3571 Do pass (2): James, Rokeberg No recommendation (2): Coghill, Meyer The following fiscal note(s) apply to HCS CSSB 369(JUD): 1. Zero, Dept. of Law CSSB 369(RLS) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Masek was noted. SB 370 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 370(STA) "An Act establishing procedures relating to constitutional conventions." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (4): Wilson, Fate, James, Coghill Do not pass (1): Crawford The following fiscal note(s) apply: 1. Zero, Office of the Governor CSSB 370(STA) is on today's calendar. **The presence of Representative Moses was noted. 2002-05-12 House Journal Page 3572 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 180 The following was read the second time: CS FOR SENATE BILL NO. 180(FIN)(efd fld) "An Act implementing pay differentials based on geographic areas for certain state employees and for members of the Alaska State Defense Force; relating to cost-of-living differentials for state aid to municipalities." with the: Journal Page STA RPT HCS(STA) 1DP 1NR 3AM 2950 FN3: (ADM/ALL DEPTS) 2950 FN4: (CRT) 2950 FIN RPT HCS(FIN) 7DP 1DNP 1NR 3567 FN5: (CRT) 3567 FN6: (ADM/ALL DEPTS) 3567 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. 180(FIN) (same title) Representative Kohring objected. **The presence of Representative Joule was noted. The question being: "Shall the House Finance Committee Substitute be adopted?" The roll was taken with the following result: CSSB 180(FIN)(efd fld) Second Reading Adopt Finance CS YEAS: 25 NAYS: 4 EXCUSED: 0 ABSENT: 11 2002-05-12 House Journal Page 3573 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Harris, Hayes, Hudson, James, Joule, Kookesh, Morgan, Moses, Mulder, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring, Lancaster, Masek, Meyer Absent: Bunde, Chenault, Dyson, Guess, Halcro, Kapsner, Kerttula, Kott, McGuire, Murkowski, Ogan And so, HCS CSSB 180(FIN) was adopted. Representative James moved and asked unanimous consent that HCS CSSB 180(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 180(FIN) was read the third time. **The presence of Representative Kapsner was noted. The question being: "Shall HCS CSSB 180(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 180(FIN) Third Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: James, Lancaster Absent: Dyson, Kerttula, Kott, Murkowski, Ogan And so, HCS CSSB 180(FIN) passed the House and was referred to the Chief Clerk for engrossment. 2002-05-12 House Journal Page 3574 SB 206 The following was read the second time: CS FOR SENATE BILL NO. 206(TRA) "An Act relating to registration plates and parking permits for persons with disabilities and to illegal use of parking spaces for persons with disabilities." with the: Journal Page STA RPT 6DP 2738 FN2: ZERO(DPS) 2738 FN3: ZERO(ADM) 2738 FIN RPT HCS(FIN) 10DP 1NR 3567 FN2: ZERO(DPS) 3568 FN3: ZERO(ADM) 3568 **The presence of Representative Kott was noted. 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. 206(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 4, lines 27 - 28: Delete "and perform eight hours of community service" Page 4, line 29: Delete "and perform 16 hours of community service" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, it was so ordered. 2002-05-12 House Journal Page 3575 Representative James moved and asked unanimous consent that HCS CSSB 206(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 206(FIN) am H will be in third reading on tomorrow's calendar. SB 219 The following was read the second time: CS FOR SENATE BILL NO. 219(FIN) "An Act establishing and relating to the Navigable Waters Commission for Alaska." with the: Journal Page FIN RPT 7DP 2NR 3512 FN1: (LAA/DNR) 3513 Representative James moved and asked unanimous consent that CSSB 219(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 219(FIN) will be in third reading on tomorrow's calendar. SB 279 The following was read the second time: CS FOR SENATE BILL NO. 279(FIN) "An Act authorizing the commissioner of fish and game to issue complimentary sport fishing licenses and tags to September 11 emergency responders and their spouses; and providing for an effective date." 2002-05-12 House Journal Page 3576 with the: Journal Page FIN RPT 8DP 3486 FN1: ZERO(DFG) 3486 Amendment No. 1 was offered by Representative Berkowitz: Page 2, line 1: Delete "the spouse" Insert "one companion" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was not offered. Representative James moved and asked unanimous consent that CSSB 279(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 279(FIN) will be in third reading on tomorrow's calendar. SB 359 The following was read the second time: CS FOR SENATE BILL NO. 359(RLS) "An Act relating to organization grants for mergers, consolidations, or unifications involving third class boroughs; and relating to identification by the Local Boundary Commission of areas that meet the standards for borough incorporation." 2002-05-12 House Journal Page 3577 with the: Journal Page FIN RPT HCS(FIN) 9DP 3569 FN2: (CED) 3569 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. 359(FIN) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that HCS CSSB 359(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 359(FIN) was read the third time. The question being: "Shall HCS CSSB 359(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 359(FIN) Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 0 ABSENT: 6 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, McGuire, Meyer, Moses, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Nays: Morgan Absent: Kott, Masek, Mulder, Murkowski, Ogan, Wilson And so, HCS CSSB 359(FIN) passed the House. Representative Davies gave notice of reconsideration of the vote on HCS CSSB 359(FIN). 2002-05-12 House Journal Page 3578 RECONSIDERATION SB 359 Representative Davies moved and asked unanimous consent that the reconsideration of HCS CSSB 359(FIN) be taken up on the same day. There being no objection, it was so ordered. HCS CSSB 359(FIN) was again before the House in third reading. The question to be reconsidered: "Shall HCS CSSB 359(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 359(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Absent: Chenault, Halcro, Kott, Murkowski, Wilson And so, HCS CSSB 359(FIN) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS (continued) SB 370 The following was read the second time: CS FOR SENATE BILL NO. 370(STA) "An Act establishing procedures relating to constitutional conventions." 2002-05-12 House Journal Page 3579 with the: Journal Page STA RPT 4DP 1DNP 3571 FN1: ZERO(GOV) 3571 Amendment No. 1 was offered by Representative Cissna: Page 1, line 15, following "convention": Insert ". Delegates to the convention shall not have served in a state elective office or served as a registered lobbyist currently or in the previous four years" Representative Cissna moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. Amendment to Amendment No. 1 was offered by Representative Cissna: Delete "have served in a state elective office or served as a registered lobbyist currently or in the previous four years" Insert "currently be serving as an elected official or serving as a paid registered lobbyist" Representative Cissna moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. Representative Coghill objected. Representative Cissna moved and asked unanimous consent to withdraw Amendment to Amendment No. 1. There being no objection, it was so ordered. 2002-05-12 House Journal Page 3580 Representative Cissna moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. New Amendment No. 1 was offered by Representative Cissna: Page 1, line 15, following "convention": Insert ". Delegates to the convention shall not currently be serving as a state elected official or serving as a paid registered lobbyist" Representative Cissna moved and asked unanimous consent that New Amendment No. 1 be adopted. Representative Rokeberg objected. Representative Ogan placed a call of the House. The Speaker stated that the call was satisfied. The question being: "Shall New Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 370(STA) Second Reading New Amendment No. 1 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Guess, Halcro, Joule, Kapsner, Kerttula, Kookesh, Moses Nays: Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson And so, New Amendment No. 1 was not adopted. 2002-05-12 House Journal Page 3581 Amendment No. 2 was offered by Representatives Kerttula and Berkowitz : Page 1, line 12, following "governor issues the call.": Insert "The election shall be nonpartisan." Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 370(STA) Second Reading Amendment No. 2 YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Dyson, Kott, Masek, Mulder, Ogan, Rokeberg Scalzi changed from "Nay" to "Yea". And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Green: Page 1, line 13: Delete "and one from each senate district" Representative Green moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. 2002-05-12 House Journal Page 3582 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 370(STA) am H Second Reading Amendment No. 3 YEAS: 18 NAYS: 19 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Crawford, Croft, Davies, Dyson, Green, Halcro, Hayes, Joule, Kapsner, Kerttula, Kookesh, McGuire, Morgan, Moses, Murkowski, Scalzi, Stevens Nays: Bunde, Chenault, Cissna, Coghill, Fate, Foster, Guess, Harris, Hudson, James, Kohring, Lancaster, Masek, Meyer, Ogan, Porter, Rokeberg, Whitaker, Wilson Absent: Kott, Mulder, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Croft: Page 1, line 3 through page 2, line 2: Delete all material. Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 370(STA) am H Second Reading Amendment No. 4 YEAS: 14 NAYS: 23 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Green, Halcro, Hudson, Joule, Kapsner, Kerttula, Kohring, Kookesh, Moses 2002-05-12 House Journal Page 3583 Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Guess, Harris, Hayes, James, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Absent: Kott, Mulder, Williams Ogan changed from "Yea" to "Nay". And so, Amendment No. 4 was not adopted. Representative James moved and asked unanimous consent that CSSB 370(STA) am H be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 370(STA) am H will be in third reading on tomorrow's calendar. SB 371 The following is in the Rules Committee: CS FOR SENATE BILL NO. 371(RES) am "An Act exempting the use of munitions in certain areas from a waste disposal permit requirement of the Department of Environmental Conservation; relating to general or nationwide permits under the Alaska coastal management program and to authorizations and permits issued by the Alaska Oil and Gas Conservation Commission; and providing for an effective date." The Speaker stated that the House would stand at ease; and so, the House stood at ease at 3:23 p.m. AFTER AT EASE The Speaker called the House back to order at 6:11 p.m. 2002-05-12 House Journal Page 3584 CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF SENATE BILLS SB 100 The following, which was advanced to third reading from the May 11, 2002, calendar (page 3522), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100(RLS)(title am) "An Act relating to regulation and operation of personal motor vehicles." The question being: "Shall CSSSSB 100(RLS)(title am) pass the House?" The roll was taken with the following result: CSSSSB 100(RLS)(title am) Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 0 ABSENT: 8 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Absent: Joule, Kapsner, Kerttula, Kookesh, Morgan, Moses, Ogan, Williams And so, CSSSSB 100(RLS)(title am) passed the House. Representative Berkowitz gave notice of reconsideration of the vote on CSSSSB 100(RLS)(title am). Representative Ogan was excused from a call of the House today because of illness. 2002-05-12 House Journal Page 3585 SB 115 The Speaker stated that, without objection, the following, which was advanced to third reading from the May 11, 2002, calendar (page 3528), would be moved to the bottom of the calendar: HOUSE CS FOR SENATE BILL NO. 115(RLS) "An Act relating to the Board of Marital and Family Therapy and the practitioners of marital and family therapy; extending the termination date of the Board of Storage Tank Assistance; setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2006; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." SB 161 The following, which was advanced to third reading from the May 11, 2002, calendar (page 3525), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 161(JUD) (efd am H) "An Act relating to the withholding of salary of justices, judges, and magistrates; relating to prompt decisions by justices, judges, and magistrates; relating to judicial retention elections for judicial officers; and providing for an effective date." The question being: "Shall HCS CSSB 161(JUD)(efd am H) pass the House?" The roll was taken with the following result: HCS CSSB 161(JUD)(efd am H) Third Reading Final Passage YEAS: 24 NAYS: 13 EXCUSED: 1 ABSENT: 2 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris, James, Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-05-12 House Journal Page 3586 Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh Excused: Ogan Absent: McGuire, Moses And so, HCS CSSB 161(JUD)(efd am H) 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: HCS CSSB 161(JUD)(efd am H) Third Reading Effective Date YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: McGuire, Moses And so, the effective date clause was adopted. Representative Berkowitz gave notice of reconsideration of the vote on HCS CSSB 161(JUD)(efd am H). SB 222 The following, which was advanced to third reading from the May 11, 2002, calendar (page 3529), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 222(RLS) am H "An Act relating to certain motor vehicles that are required to yield to following traffic." 2002-05-12 House Journal Page 3587 The question being: "Shall HCS CSSB 222(RLS) am H pass the House?" The roll was taken with the following result: HCS CSSB 222(RLS) am H Third Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Fate, Green, Porter Excused: Ogan Absent: Dyson, Moses And so, HCS CSSB 222(RLS) am H passed the House. Representative Berkowitz gave notice of reconsideration of the vote on HCS CSSB 222(RLS) am H. SB 235 The following, which was advanced to third reading from the May 11, 2002, calendar (page 3529), was read the third time: CS FOR SENATE BILL NO. 235(STA) "An Act relating to emergency and disaster relief forces as state employees for purposes of workers' compensation benefits; relating to the Emergency Management Assistance Compact and the implementation of the compact; and providing for an effective date." The question being: "Shall CSSB 235(STA) pass the House?" The roll was taken with the following result: 2002-05-12 House Journal Page 3588 CSSB 235(STA) 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, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Moses And so, CSSB 235(STA) passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of the vote on CSSB 235(STA). SPECIAL ORDER OF BUSINESS HCR 34 Representative James moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: HOUSE CONCURRENT RESOLUTION NO. 34 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 270, relating to dispensing opticians. The Speaker stated that, without objection, the motion would be withdrawn. 2002-05-12 House Journal Page 3589 THIRD READING OF HOUSE BILLS (continued) SB 270 The following, which was advanced to third reading from the May 11, 2002, calendar (page 3531), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 270(RLS) "An Act extending the termination date of the Board of Dispensing Opticians; relating to the regulation of dispensing opticians; relating to the use of pharmaceutical agents in the practice of optometry; and providing for an effective date." Representative Fate moved and asked unanimous consent that HCS CSSB 270(RLS) be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Kott objected. The question being: "Shall HCS CSSB 270(RLS) be returned to second reading for the specific purpose of considering Amendment No. 1?" The roll was taken with the following result: HCS CSSB 270(RLS) Third Reading Return to Second for Amendment No. 1 YEAS: 32 NAYS: 5 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Chenault, Kohring, Kott, Mulder, Porter Excused: Ogan Absent: Moses, Williams And so, HCS CSSB 270(RLS) was returned to second reading. 2002-05-12 House Journal Page 3590 Amendment No. 1 was offered by Representatives Fate, McGuire, and Berkowitz: Page 1, lines 2 - 3 (title amendment): Delete "relating to the use of pharmaceutical agents in the practice of optometry;" Page 5, line 9, through page 6, line 31: Delete all material. Renumber the following bill sections accordingly. Page 7, lines 2 - 18: Delete all material. Renumber the following bill section accordingly. Page 7, line 19: Delete "Sections 1 - 11 and 15 of this Act take" Insert "This Act takes" Representative Fate moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. Representatives McGuire and Dyson moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 270(RLS) Second Reading Amendment No. 1 YEAS: 23 NAYS: 15 EXCUSED: 1 ABSENT: 1 2002-05-12 House Journal Page 3591 Yeas: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Hayes, Hudson, Joule, Kapsner, Lancaster, Masek, McGuire, Morgan, Rokeberg, Scalzi, Whitaker, Wilson Nays: Chenault, Foster, Halcro, Harris, James, Kerttula, Kohring, Kookesh, Kott, Meyer, Mulder, Murkowski, Porter, Stevens, Williams Excused: Ogan Absent: Moses And so, Amendment No. 1 was adopted. The following was before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 270(RLS) am H "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." The question being: "Shall HCS CSSB 270(RLS) am H pass the House?" The roll was taken with the following result: HCS CSSB 270(RLS) am H Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: James, Kohring Excused: Ogan Absent: Moses And so, HCS CSSB 270(RLS) am H passed the House. 2002-05-12 House Journal Page 3592 Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the House adopt the House Labor & Commerce Committee letter of intent (page 3463). There being no objection, it was so ordered. Representative Kott gave notice of reconsideration of the vote on HCS CSSB 270(RLS) am H. SB 115 The following, which had been moved to the bottom of the calendar (page 3585), was read the third time: HOUSE CS FOR SENATE BILL NO. 115(RLS) "An Act relating to the Board of Marital and Family Therapy and the practitioners of marital and family therapy; extending the termination date of the Board of Storage Tank Assistance; setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2006; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." (HCR 31 - title change resolution) Representative Dyson moved and asked unanimous consent that HCS SB 115(RLS) be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Berkowitz objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 1 was offered by Representatives Dyson and Croft: 2002-05-12 House Journal Page 3593 Page 1, line 5 (title amendment): Delete "2006" Insert "2004" Page 8, line 3: Delete "2006" Insert "2004" Page 8, line 18: Delete all material and insert: "* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to read: NOTICE OF EFFECTIVE DATE. The commissioner of administration shall notify the revisor of statutes of the date secs. 8, 9, 10, and 13 of this Act take effect. * Sec. 15. Sections 8, 9, 10, and 13 of this Act take effect on the date the commissioner of administration certifies that the State of Alaska has entered into the contract for a telecommunications study of the current telecommunications regulatory environment and infrastructure funded by the appropriation for a study of information services technology made in sec. 1, ch. 60, SLA 2001, page 4, lines 27 - 28." Representative Dyson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected and withdrew the objection. There being no further objection, it was so ordered and the new title follows: HOUSE CS FOR SENATE BILL NO. 115(RLS) am H "An Act relating to the Board of Marital and Family Therapy and the practitioners of marital and family therapy; extending the termination date of the Board of Storage Tank Assistance; setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2004; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." 2002-05-12 House Journal Page 3594 Representative Guess moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Guess was required to vote. The question being: "Shall HCS SB 115(RLS) am H pass the House?" The roll was taken with the following result: HCS SB 115(RLS) am H Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring Excused: Ogan Absent: Croft, Masek, Moses And so, HCS SB 115(RLS) am H 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. SPECIAL ORDER OF BUSINESS HCR 31 Representative James moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: HOUSE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 115, relating to the Board of Storage Tank Assistance. There being no objection, it was so ordered. 2002-05-12 House Journal Page 3595 The question being: "Shall HCR 31 pass the House?" The roll was taken with the following result: HCR 31 Special Order of Business YEAS: 34 NAYS: 1 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring Excused: Ogan Absent: Croft, Kapsner, Masek, Moses And so, HCR 31 passed the House and was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (continued) 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 - 18th Fighter Squadron for Participation in Operation Enduring Freedom in Afghanistan By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2002-05-12 House Journal Page 3596 Honoring - Scott Schnell on His 30th Year with the Municipality of Anchorage By Senators Phillips, Halford; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams Honoring - Raven and Arctic Americorps Members, 2001-2002 By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson In Memoriam - Dorris Whitt By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson CONCUR IN SENATE AMENDMENTS HB 402 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3507) on the following at this time: CS FOR HOUSE BILL NO. 402(FIN) "An Act relating to diversion payments, wage subsidies, cash assistance, and self-sufficiency services provided under the Alaska temporary assistance program; relating to the food stamp program; relating to child support cases that include persons who receive cash assistance or self-sufficiency services under the Alaska temporary assistance program; and providing for an effective date." 2002-05-12 House Journal Page 3597 and SENATE CS FOR CS FOR HOUSE BILL NO. 402(HES) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 402(FIN), thus adopting SCS CSHB 402(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 402(FIN)?" The roll was taken with the following result: SCS CSHB 402(HES) Concur YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Kott, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 402(HES). 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 CSHB 402(HES) was referred to the Chief Clerk for enrollment. 2002-05-12 House Journal Page 3598 HB 4 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3563) on the following at this time: CS FOR HOUSE BILL NO. 4(FIN) am "An Act relating to motor vehicles and to operating a motor vehicle, aircraft, or watercraft; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 4(FIN) am, thus adopting SCS CSHB 4(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 4(FIN) am?" The roll was taken with the following result: SCS CSHB 4(FIN) Concur YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Croft, Kott, Moses Kohring changed from "Nay" to "Yea". And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 4(FIN). 2002-05-12 House Journal Page 3599 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 CSHB 4(FIN) was referred to the Chief Clerk for enrollment. HB 128 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3564) on the following at this time: CS FOR HOUSE BILL NO. 128(L&C)(efd add) "An Act relating to the required approval of the commissioner of labor and workforce development for the employment of certain minors; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 128(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 128(L&C)(efd add), thus adopting SCS CSHB 128(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 128(L&C)(efd add)?" The roll was taken with the following result: SCS CSHB 128(FIN) Concur YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 2002-05-12 House Journal Page 3600 Yeas: 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, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Kott, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 128(FIN). 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 CSHB 128(FIN) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS SB 83 The Speaker waived the Community & Regional Affairs Committee referral for the following at the request of Representative Morgan, Co-chair: CS FOR SENATE BILL NO. 83(FIN) am "An Act relating to construction of highways by the Department of Transportation and Public Facilities and to contracts for the construction of highways." CSSB 83(FIN) am was removed from the Community & Regional Affairs Committee and referred to the Transportation Committee. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated May 12, 2002, was read stating the Senate has passed the following and it is transmitted for consideration: 2002-05-12 House Journal Page 3601 FIRST READING AND REFERENCE OF SENATE BILLS SB 324 CS FOR SENATE BILL NO. 324(L&C) by the Senate Labor & Commerce Committee, entitled: "An Act providing that a utility or electric operating entity owned and operated by a political subdivision of the state competing directly with a telecommunications utility is not subject to the Alaska Public Utilities Regulatory Act." was read the first time and referred to the Rules Committee. UNFINISHED BUSINESS SB 326 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 326(FIN) "An Act relating to evaluating state assumption of the wastewater discharge program under the federal Clean Water Act; and providing for an effective date." SB 356 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: SENATE BILL NO. 356 am "An Act relating to the authority of the Department of Environmental Conservation to issue general and individual permits for waste disposal; and providing for an effective date." 2002-05-12 House Journal Page 3602 ENGROSSMENT HCR 31 HCR 31 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 140 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR 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." SB 180 HCS CSSB 180(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 302 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 302(HES) "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." SB 359 HCS CSSB 359(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-05-12 House Journal Page 3603 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 5/12 The following meeting today has been changed as indicated: Finance Committee CHANGED TO: Following Majority Caucus, 5/12 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 13, 2002, There being no objection, the House adjourned at 7:54 p.m. Suzi Lowell Chief Clerk