Legislature(2001 - 2002)
2002-05-13 House Journal
Full Journal pdf2002-05-13 House Journal Page 3607 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday May 13, 2002 One Hundred Twentieth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:19 a.m. Roll call showed 34 members present. Representatives Halcro, Kapsner, Kott, Masek, and Mulder were absent and their presence was noted later. Representative James moved and asked unanimous consent that Representative Ogan be excused from a call of the House. There being no objection, it was so ordered. The invocation was offered by Representative Davies, Chaplain Designee. Representative Croft moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. The Wisdom Prayer O Great Spirit, Whose voice I hear in the winds; And who's breath gives life to all the world, hear me! I am small and weak, I need your strength and wisdom. Let Me Walk In Beauty, and make my eyes ever behold the red and purple sunsets. Make My Hands respect the things you have made and my ears sharp to hear your voice. Make Me Wise so that I may understand the things you have taught my people. 2002-05-13 House Journal Page 3608 Let Me Learn the lessons you have hidden in every leaf and rock. I Seek Strength, not to be greater than my brother, but to fight my greatest enemy--myself. Make Me Always Ready to come to you with clean hands and straight eyes. So When Life Fades, as the fading sunset, my spirit may come to you without shame. A Native American Prayer The Pledge of Allegiance was led by Representative Scalzi. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 119th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 35 A message dated May 12, 2002, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 35 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 345, relating to medical assistance paid to school districts for services to certain children. HCR 35 was referred to the Chief Clerk for enrollment. HB 52 A message dated May 12, 2002, was read stating the Senate has passed: 2002-05-13 House Journal Page 3609 HOUSE BILL NO. 52 am "An Act relating to the Interstate Compact for Adult Offender Supervision and the State Council for Interstate Adult Offender Supervision; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date." HB 52 am was referred to the Chief Clerk for enrollment. HB 288 A message dated May 12, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 288(FIN) am "An Act relating to commercial fishing limited entry permit buy- back programs, to a permit buy-back assessment, and to voluntary relinquishment of commercial fishing permits; and defining 'optimum number.'" CSHB 288(FIN) am was referred to the Chief Clerk for enrollment. HB 307 A message dated May 12, 2002, was read stating the Senate has passed: HOUSE BILL NO. 307 "An Act delaying to June 30, 2007, the last date by which hydrocarbon exploration geophysical work must be performed or drilling of a stratigraphic test well or exploratory well must be completed in order for a person to qualify for an exploration incentive credit." HB 307 was referred to the Chief Clerk for enrollment. HB 331 A message dated May 12, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 331(STA) "An Act relating to appointment of persons to positions that require confirmation by the legislature; and providing for an effective date." CSHB 331(STA) was referred to the Chief Clerk for enrollment. 2002-05-13 House Journal Page 3610 HB 455 A message dated May 12, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 455(CRA) "An Act relating to the assessment of certain agricultural land for purposes of municipal taxation; and providing for an effective date." CSHB 455(CRA) was referred to the Chief Clerk for enrollment. **The presence of Representative Kapsner was noted. HB 458 A message dated May 12, 2002, was read stating the Senate has passed: HOUSE BILL NO. 458 "An Act relating to periods of probation for state employees; and providing for an effective date." HB 458 was referred to the Chief Clerk for enrollment. HB 274 A message dated May 12, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 274(L&C) "An Act relating to the qualification of a physician used for an employer's independent medical examination and to the authority of the Alaska Workers' Compensation Board to provide an expedited hearing when an employee needs medical treatment; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 274(L&C) "An Act relating to the qualification of a physician used for an employer's independent medical examination; and providing for an effective date." (SCR 37 - title change resolution) 2002-05-13 House Journal Page 3611 CSHB 274(L&C) is under Unfinished Business. HB 305 A message dated May 12, 2002, was read stating the Senate has passed CSHB 305(STA) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 305(RLS) "An Act prohibiting certain state employment, a student loan, or a permanent fund dividend for a person who fails to register for the military selective service; and providing for an effective date." CSHB 305(STA) am is under Unfinished Business. SB 37 A message dated May 12, 2002, was read stating the Senate has concurred in the House amendment to CSSB 37(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 37(JUD) am H "An Act relating to collective negotiation by competing physicians with health benefit plans, to health benefit plan contracts, to the application of antitrust laws to agreements involving providers and groups of providers affected by collective negotiations, and to the effect of the collective negotiation provisions on health care providers." SB 359 A message dated May 12, 2002, was read stating the Senate has concurred in the House amendment to CSSB 359(RLS), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 359(FIN) "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." **The presence of Representative Masek was noted. 2002-05-13 House Journal Page 3612 SB 345 A message dated May 12, 2002, was read stating the Senate has failed to concur in the House amendment to: SENATE BILL NO. 345 "An Act relating to medical assistance for rehabilitative services for certain children with disabilities; relating to agreements to pay medical assistance for covered services paid for or furnished to eligible children with disabilities by a school district; and providing for an effective date." namely: HOUSE CS FOR SENATE BILL NO. 345(RLS) "An Act relating to questionnaires and surveys administered in the public schools; relating to statewide school district correspondence study and to centralized correspondence study; relating to the delay of the reduction of supplementary public school funding; relating to funding the Alaska Challenge Youth Academy program; relating to medical assistance for rehabilitative services for certain children with disabilities; relating to agreements to pay medical assistance for covered services paid for or furnished to eligible children with disabilities by a school district; and providing for an effective date." (HCR 35 - title change resolution) and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Green, Chair Senator Therriault Senator Davis **The presence of Representative Kott was noted. Representative James moved that the House recede from its amendment to SB 345, namely HCS SB 345(RLS), and recommended that the members vote no. 2002-05-13 House Journal Page 3613 The question being: "Shall the House recede from its amendment to SB 345?" The roll was taken with the following result: HCS SB 345(RLS) Recede YEAS: 0 NAYS: 35 EXCUSED: 1 ABSENT: 4 Nays: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Foster, Halcro, Joule, Mulder And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative James Representative Bunde Representative Guess The Chief Clerk was instructed to so notify the Senate. SPECIAL ORDER OF BUSINESS SB 115 Representative James moved and asked unanimous consent that the House bring up the following as a Special Order of Business: 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 2002-05-13 House Journal Page 3614 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." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that the House rescind its action in passing HCS SB 115(RLS) am H (page 3592). There being no objection, it was so ordered. Representative James moved and asked unanimous consent that HCS SB 115(RLS) am H be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative James: At the end of the bill, as amended: Insert a new bill section to read: "* Sec. 16. Sections 11 and 12 of this Act take effect immediately under AS 01.10.070(c)." Representative James moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Dyson objected and withdrew the objection. There being no further objection, it was so ordered. 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: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 2002-05-13 House Journal Page 3615 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring Excused: Ogan Absent: Halcro, Mulder 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. HCS SB 115(RLS) am H was referred to the Chief Clerk for engrossment. MESSAGES FROM THE SENATE (continued) A message dated May 12, 2002, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 355 SENATE BILL NO. 355 by the Senate Health, Education & Social Services Committee by request, entitled: "An Act establishing an account in the general fund to receive general gifts, donations, and bequests to the State of Alaska." was read the first time and referred to the State Affairs and Finance Committees. 2002-05-13 House Journal Page 3616 REPORTS OF STANDING COMMITTEES SB 181 The Finance Committee has considered: CS FOR SENATE BILL NO. 181(FIN) am "An Act relating to and increasing the interest rate on that portion of a loan for a single-family house or owner-occupied duplex that exceeds $200,000 where the loan is for a house or duplex in a small community with a population of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 1,600 or less that is connected by road or rail to Anchorage or Fairbanks for purposes of the small community housing program of the Alaska Housing Finance Corporation; relating to loans for teacher housing in which each unit that is not vacant is occupied by at least one individual who is employed as a certificated teacher in a public elementary or secondary school in a small community with a population of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 1,600 or less that is connected by road or rail to Anchorage or Fairbanks, and increasing the interest rate on the loans if this occupancy requirement is not complied with; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 181(FIN) "An Act relating to and increasing the interest rate on that portion of a loan for a single family house or owner-occupied duplex in a small community that exceeds $250,000; relating to the Alaska Housing Finance Corporation's rural assistance loan program and to loans for teacher housing in small communities." (pending authorization of a concurrent resolution) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Harris, Davies, Lancaster, Mulder, Williams 2002-05-13 House Journal Page 3617 No recommendation (4): Bunde, Whitaker, Moses, Hudson The following fiscal note(s) apply to HCS CSSB 181(FIN): 1. Indeterminate, Dept. of Revenue CSSB 181(FIN) am is on today's calendar. **The presence of Representative Halcro was noted. SB 247 The Finance Committee has considered: CS FOR SENATE BILL NO. 247(FIN) am(brf sup maj fld) "An Act making and amending appropriations and reappropriations; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) "An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (8): Bunde, Whitaker, Harris, Lancaster, Hudson, Foster, Mulder, Williams Amend (2): Croft, Davies CSSB 247(FIN) am(brf sup maj fld) is on today's calendar. SB 252 The Finance Committee has considered: 2002-05-13 House Journal Page 3618 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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 252(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Whitaker, Lancaster, Mulder, Williams No recommendation (7): Bunde, Harris, Croft, Davies, Moses, Hudson, Foster The following fiscal note(s) apply to HCS CSSB 252(FIN): 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) is on today's calendar. SB 267 The Finance Committee has considered: CS FOR SENATE BILL NO. 267(FIN) "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 2002-05-13 House Journal Page 3619 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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 267(FIN) (same title) The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (10): Whitaker, Harris, Croft, Davies, Moses, Lancaster, Hudson, Foster, Mulder, Williams No recommendation (1): Bunde The following fiscal note(s) apply to HCS CSSB 267(FIN): 1. Fiscal, Dept. of Military & Veterans' Affairs 2. Indeterminate, Dept. of Revenue 3. Indeterminate, Dept. of Community & Economic Development CSSB 267(FIN) is on today's calendar. SB 268 The Rules Committee has considered: SENATE BILL NO. 268 "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." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): McGuire, Kott, Porter, Kohring No recommendation (2): Joule, Berkowitz 2002-05-13 House Journal Page 3620 The following fiscal note(s) apply: 1. Fiscal, Office of the Governor 2. Zero, Dept. of Revenue SB 268 is on today's calendar. SB 324 The Rules Committee has considered: CS FOR SENATE BILL NO. 324(L&C) "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." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Porter, Kohring, Kott No recommendation (4): Joule, Morgan, McGuire, Berkowitz The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development CSSB 324(L&C) is on today's calendar. SB 339 The Finance Committee has considered: SENATE BILL NO. 339 "An Act increasing fines for certain criminal offenses." The report was signed by Representatives Mulder and Williams, Co- chairs, with the following individual recommendations: Do pass (6): Bunde, Whitaker, Harris, Lancaster, Mulder, Williams 2002-05-13 House Journal Page 3621 No recommendation (2): Moses, Hudson Amend (1): Davies The following fiscal note(s) apply: 1. Indeterminate, Dept. of Law 2. Indeterminate, Dept. of Administration SB 339 is on today's calendar. SB 363 The Rules Committee has considered: CS FOR SENATE BILL NO. 363(STA) am "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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 363(RLS) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Kott, Porter, Kohring No recommendation (3): Joule, Morgan, McGuire Amend (1): Berkowitz The following fiscal note(s) apply to HCS CSSB 363(RLS): 2. Zero, Office of the Governor 4. Zero, House Judiciary Committee/Dept. of Administration CSSB 363(STA) am is on today's calendar. 2002-05-13 House Journal Page 3622 SB 371 The Rules Committee has considered: 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 report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): McGuire, Kott, Porter, Kohring No recommendation (2): Joule, Morgan Amend (1): Berkowitz The following fiscal note(s) apply: 1. Zero, Dept. of Environmental Conservation CSSB 371(RES) am is on today's calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Aelin Peterson By Representatives Davies, Hayes Honoring - Shanksville, Pennsylvania By Representative McGuire Honoring - Caleb Frontiness Parker By Representative Harris 2002-05-13 House Journal Page 3623 Honoring - Paul Jason Bealer By Representative Harris Honoring - Donald Sherwood Dickey on His 80th Birthday By Representatives Hudson, Kerttula; Senator Elton Honoring - Lee Ann Tomco By Representative McGuire Honoring - "Mama" Jean Cripps By Representative Lancaster Honoring - Major General James J. Lovelace, Commander, U.S. Army Alaska By Representative Mulder Honoring - Gail Lovelace for Her Service with the United States Army Alaska By Representative Mulder Honoring - George A. Buhite, 34 Years of Service to Alaska By Senator Halford Honoring - Carol White By Senator Stevens In Memoriam - Chad A. Bax, 4/8/1988 - 9/16/2001 By Representative McGuire In Memoriam - Tom Posey By Representative Mulder; Senator Leman In Memoriam - Frieda Henrietta Honeyball By Senator Phillips 2002-05-13 House Journal Page 3624 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 36 HOUSE CONCURRENT RESOLUTION NO. 36 by the House Community & Regional Affairs Committee, entitled: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 181, relating to the Alaska Housing Finance Corporation's small community housing loan program and loans for teacher housing. was read the first time and taken up later as a Special Order of Business. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 371 The following was read the second time: 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." with the: Journal Page RLS RPT 4DP 2NR 1AM 3622 FN1: ZERO(DEC) 3622 Amendment No. 1 was offered by Representative Kerttula: Page 1, line 9: Delete ", including active ranges" 2002-05-13 House Journal Page 3625 Representative Kerttula moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Whitaker objected. **The presence of Representative Mulder was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 371(RES) am Second Reading Amendment No. 1 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Joule, Kapsner, Kerttula, Kookesh, Meyer Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Moses And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Kerttula: Page 2, following line 5: Insert a new bill section to read: "*Sec. 3. AS 46.40.096 (h) (1) is repealed August 1, 2003." Renumber the following bill sections accordingly. Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Green objected. 2002-05-13 House Journal Page 3626 Amendment to Amendment No. 2 was offered by Representative Kerttula: Delete "2003" Insert "2004" Representative Kerttula moved and asked unanimous consent that Amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Kerttula placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 2 as amended be adopted?" The roll was taken with the following result: CSSB 371(RES) am Second Reading Amendment No. 2 as amended YEAS: 10 NAYS: 29 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Kapsner, Kerttula, Kookesh, Moses Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, Amendment No. 2 as amended was not adopted. Representative James moved and asked unanimous consent that CSSB 371(RES) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 371(RES) am will be in third reading on tomorrow's calendar. 2002-05-13 House Journal Page 3627 The Speaker stated that, without objection, the House would recess until 12:30 p.m.; and so, the House recessed at 11:37 a.m. AFTER RECESS The Speaker called the House back to order at 12:35 p.m. SECOND READING OF SENATE BILLS (continued) SB 181 The following was read the second time: CS FOR SENATE BILL NO. 181(FIN) am "An Act relating to and increasing the interest rate on that portion of a loan for a single-family house or owner-occupied duplex that exceeds $200,000 where the loan is for a house or duplex in a small community with a population of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 1,600 or less that is connected by road or rail to Anchorage or Fairbanks for purposes of the small community housing program of the Alaska Housing Finance Corporation; relating to loans for teacher housing in which each unit that is not vacant is occupied by at least one individual who is employed as a certificated teacher in a public elementary or secondary school in a small community with a population of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a population of 1,600 or less that is connected by road or rail to Anchorage or Fairbanks, and increasing the interest rate on the loans if this occupancy requirement is not complied with; and providing for an effective date." with the: Journal Page CRA RPT HCS(CRA) NT 4DP 2NR 3483 TITLE CHANGE: PENDING HCR 3483 FN1: INDETERMINATE(REV) 3484 2002-05-13 House Journal Page 3628 FIN RPT HCS(FIN) NT 5DP 4NR 3616 TITLE CHANGE: PENDING HCR 36 3616 FN1: INDETERMINATE(REV) 3617 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. 181(FIN) "An Act relating to and increasing the interest rate on that portion of a loan for a single family house or owner-occupied duplex in a small community that exceeds $250,000; relating to the Alaska Housing Finance Corporation's rural assistance loan program and to loans for teacher housing in small communities." There being no objection, it was so ordered. Representative James moved and asked unanimous consent that HCS CSSB 181(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 181(FIN) was read the third time. The question being: "Shall HCS CSSB 181(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 181(FIN) Third Reading Final Passage YEAS: 35 NAYS: 2 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, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring, Masek Excused: Ogan 2002-05-13 House Journal Page 3629 Absent: Moses, Mulder And so, HCS CSSB 181(FIN) passed the House. Representative Hayes later gave notice of reconsideration of the vote on HCS CSSB 181(FIN), and the reconsideration was taken up then. SPECIAL ORDER OF BUSINESS HCR 36 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. 36 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 181, relating to the Alaska Housing Finance Corporation's small community housing loan program and loans for teacher housing. There being no objection, it was so ordered. The question being: "Shall HCR 36 pass the House?" The roll was taken with the following result: HCR 36 Special Order of Business 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, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan 2002-05-13 House Journal Page 3630 Absent: Moses, Mulder And so, HCR 36 passed the House. Representative Hayes later gave notice of reconsideration of the vote on HCR 36, and the reconsideration was taken up then. RECONSIDERATION SB 181 Representative Hayes gave notice of reconsideration of the vote on HCS CSSB 181(FIN) (page 3628). Representative Hayes moved and asked unanimous consent that the reconsideration of HCS CSSB 181(FIN) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 181(FIN) "An Act relating to and increasing the interest rate on that portion of a loan for a single family house or owner-occupied duplex in a small community that exceeds $250,000; relating to the Alaska Housing Finance Corporation's rural assistance loan program and to loans for teacher housing in small communities." The question to be reconsidered: "Shall HCS CSSB 181(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 181(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-05-13 House Journal Page 3631 Nays: Kohring, Masek Excused: Ogan And so, HCS CSSB 181(FIN) passed the House on reconsideration. HCS CSSB 181(FIN) was referred to the Chief Clerk for engrossment. HCR 36 Representative Hayes gave notice of reconsideration of the vote on HCR 36 (page 3628). Representative Hayes moved and asked unanimous consent that the reconsideration of HCR 36 be taken up on the same day. There being no objection, it was so ordered. The following was again before the House: HOUSE CONCURRENT RESOLUTION NO. 36 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 181, relating to the Alaska Housing Finance Corporation's small community housing loan program and loans for teacher housing. The question to be reconsidered: "Shall HCR 36 pass the House?" The roll was taken with the following result: HCR 36--RECONSIDERATION Special Order of Business YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-05-13 House Journal Page 3632 Excused: Ogan And so, HCR 36 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SB 270 Representative McGuire brought up reconsideration of the vote on HCS CSSB 270(RLS) am H (page 3592). The following was again 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 to be reconsidered: "Shall HCS CSSB 270(RLS) am H pass the House?" The roll was taken with the following result: HCS CSSB 270(RLS) am H--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring Excused: Ogan Absent: Berkowitz, Mulder And so, HCS CSSB 270(RLS) am H passed the House on reconsideration. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2002-05-13 House Journal Page 3633 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. HCS CSSB 270(RLS) am H was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS (continued) SB 226 The following was read the second time: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 226(FIN) am "An Act relating to design of highway projects; and providing for an effective date." with the: Journal Page TRA RPT 4DP 3485 FN1: ZERO(DOT) 3485 Representative James moved and asked unanimous consent that CSSSSB 226(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSSSB 226(FIN) am will be in third reading on tomorrow's calendar. SB 247 The following was read the second time: CS FOR SENATE BILL NO. 247(FIN) am(brf sup maj fld) "An Act making and amending appropriations and reappropriations; and providing for an effective date." 2002-05-13 House Journal Page 3634 with the: Journal Page FIN RPT HCS(FIN) NT 8DP 2AM 3617 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. 247(FIN) "An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Hayes: Page 72, following line 8, under University of Alaska: Insert under General Fund: "System-wide 8,000,000" Representative Hayes moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. Representative Bunde rose to a point of order regarding confining remarks to the bill before the body. The Speaker stated that the point was well taken and cautioned the other member. Representative Croft placed a call of the House. The call was satisfied. 2002-05-13 House Journal Page 3635 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 247(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Dyson, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses Nays: Bunde, Chenault, Coghill, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Croft: Page 113, following line 22: Insert a new subparagraph to read: "(3) The sum of $45,000,000 is appropriated from the general fund to the Department of Community & Economic Development to the power cost equalization endowment fund (AS 42.45.070)." Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 247(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 2002-05-13 House Journal Page 3636 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Foster, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Morgan, Moses, Wilson Nays: Bunde, Chenault, Coghill, Dyson, Fate, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Excused: Ogan And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Croft: Page 137, following line 25: Insert a new bill section to read: "* Sec. 86. DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT. The sum of $35,000,000 is appropriated from the general fund to the Department of Education and Early Development for the fiscal year ending June 30, 2003, for distribution to school districts for instructional programs in the proportion that the adjusted average daily membership of each district bears to the total adjusted average daily membership for all school districts." Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Mulder objected. The Speaker placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 2002-05-13 House Journal Page 3637 HCS CSSB 247(FIN) Second Reading Amendment No. 3 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses Nays: Bunde, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, Amendment No. 3 was not adopted. The Speaker placed a call of the House on the bill. The call was satisfied. Amendment No. 4 was offered by Representative Wilson: Page 124, line 26, following "engineering": Insert "of the recreational loop trail" Representative Wilson moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Joule: Page 7, following line 30: Insert "City of Shishmaref - Erosion Control (ED 37) Appropriation Items - 3,100,000 General Funds - 3,100,000" Representative Joule moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Williams objected. 2002-05-13 House Journal Page 3638 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 247(FIN) am H Second Reading Amendment No. 5 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Foster, Guess, Halcro, Hayes, Joule, Kapsner, Kerttula, Kookesh, McGuire, Morgan, Moses Nays: Bunde, Chenault, Coghill, Dyson, Fate, Green, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Kapsner: Page 28, following line 22: Insert "Yuut Elitnaurviat People's Learning Center - Phase 1 Construction, General Fund 900,000" Representative Kapsner moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HCS CSSB 247(FIN) am H Second Reading Amendment No. 6 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, McGuire, Morgan, Moses 2002-05-13 House Journal Page 3639 Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris, James, Kohring, Kott, Lancaster, Masek, Meyer, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Kerttula: Page 23, following line 5: Insert "Fireweed Place (ED 3-4) Appropriation Items - 338,000 General Funds - 338,000" Representative Kerttula moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Mulder objected. Representatives Bunde and James 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. 7 be adopted?" The roll was taken with the following result: HCS CSSB 247(FIN) am H Second Reading Amendment No. 7 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Moses Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-05-13 House Journal Page 3640 Excused: Ogan And so, Amendment No. 7 was not adopted. Representative James moved and asked unanimous consent that HCS CSSB 247(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 247(FIN) am H will be in third reading on tomorrow's calendar. UNFINISHED BUSINESS HB 105 Representative Guess moved and asked unanimous consent that the following be discharged from the Rules Committee: HOUSE BILL NO. 105 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." Objection was heard. The question being: "Shall HB 105 be discharged from the Rules Committee?" The roll was taken with the following result: HB 105 Discharge from Rules Committee YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-05-13 House Journal Page 3641 Excused: Ogan And so, the motion failed. SECOND READING OF SENATE BILLS (continued) SB 252 The following was read the second time: 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." with the: Journal Page L&C RPT 2DP 4NR 3568 FN4: (LWF); FN5: (LWF) 3569 FN6: (LWF); FN7: (LWF) 3569 FIN RPT HCS(FIN) 4DP 7NR 3617 FN4: (LWF); FN5: (LWF) 3618 FN6: (LWF); FN7: (LWF) 3618 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. 252(FIN) (same title) Representative Hayes objected. The question being: "Shall the House Finance Committee Substitute be adopted?" The roll was taken with the following result: 2002-05-13 House Journal Page 3642 CSSB 252(RLS) Second Reading Adopt Finance CS YEAS: 28 NAYS: 10 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green, Halcro, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Guess, Harris, Hayes, Hudson, Kerttula, Moses Excused: Ogan Absent: Rokeberg Cissna changed from "Yea" to "Nay". And so, HCS CSSB 252(FIN) was adopted. Amendment No. 1 was offered by Representative Croft: Page 28, line 24: Delete "June 30, 2006" Insert "June 30, 2004" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 252(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Cissna, Crawford, Croft, Fate, Guess, Harris, Hayes, Hudson, Kerttula, Moses 2002-05-13 House Journal Page 3643 Nays: Chenault, Coghill, Davies, Dyson, Foster, Green, Halcro, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, Amendment No. 1 was not adopted. Representative James moved and asked unanimous consent that HCS CSSB 252(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 252(FIN) was read the third time. The question being: "Shall HCS CSSB 252(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 252(FIN) Third Reading Final Passage YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Cissna, Coghill, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Bunde, Crawford, Croft, Hayes, Kerttula, Rokeberg Excused: Ogan And so, HCS CSSB 252(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. HCS CSSB 252(FIN) was referred to the Chief Clerk for engrossment. 2002-05-13 House Journal Page 3644 SB 267 The following was read the second time: CS FOR SENATE BILL NO. 267(FIN) "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." with the: Journal Page FIN RPT HCS(FIN) 10DP 1NR 3618 FN1: (MVA) 3619 FN2: INDETERMINATE(REV) 3619 FN3: INDETERMINATE(CED) 3619 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. 267(FIN) (same title) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that HCS CSSB 267(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 267(FIN) was read the third time. The question being: "Shall HCS CSSB 267(FIN) pass the House?" The roll was taken with the following result: 2002-05-13 House Journal Page 3645 HCS CSSB 267(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan And so, HCS CSSB 267(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. HCS CSSB 267(FIN) was referred to the Chief Clerk for engrossment. SB 268 The following was read the second time: SENATE BILL NO. 268 "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." with the: Journal Page RLS RPT 4DP 2NR 3619 FN1: (GOV) 3620 FN2: ZERO(REV) 3620 Representative James moved and asked unanimous consent that SB 268 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2002-05-13 House Journal Page 3646 SB 268 was read the third time. The question being: "Shall SB 268 pass the House?" The roll was taken with the following result: SB 268 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Halcro, Moses And so, SB 268 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 Mulder gave notice of reconsideration of the vote on SB 268. SB 324 The following was read the second time: CS FOR SENATE BILL NO. 324(L&C) "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." with the: Journal Page RLS RPT 3DP 4NR 3620 FN1: ZERO(CED) 3620 2002-05-13 House Journal Page 3647 Representative James moved and asked unanimous consent that CSSB 324(L&C) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 324(L&C) will be in third reading on tomorrow's calendar. SB 339 The following was read the second time: SENATE BILL NO. 339 "An Act increasing fines for certain criminal offenses." with the: Journal Page JUD RPT 2DP 3NR 3395 FN1: INDETERMINATE(LAW) 3396 FN2: INDETERMINATE(ADM) 3396 FIN RPT 6DP 2NR 1AM 3620 FN1: INDETERMINATE(LAW) 3621 FN2: INDETERMINATE(ADM) 3621 Representative James moved and asked unanimous consent that SB 339 be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that SB 339 will be in third reading on tomorrow's calendar. SB 363 The following was read the second time: CS FOR SENATE BILL NO. 363(STA) am "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." 2002-05-13 House Journal Page 3648 with the: Journal Page JUD RPT HCS(JUD) 2DP 4NR 3516 FN2: ZERO(GOV) 3517 FN4: ZERO(H.JUD/ADM) 3517 RLS RPT HCS(RLS) 3DP 3NR 1AM 3621 FN2: ZERO(GOV) 3621 FN4: ZERO(ADM) 3621 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. 363(RLS) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Mulder: Page 4, line 29: Delete "automatic telemarketing," Representative Mulder moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 363(RLS) Second Reading Amendment No. 1 YEAS: 16 NAYS: 20 EXCUSED: 1 ABSENT: 3 Yeas: Chenault, Fate, Green, Halcro, Harris, James, Kott, Lancaster, McGuire, Meyer, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson 2002-05-13 House Journal Page 3649 Nays: Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Hayes, Hudson, Joule, Kapsner, Kerttula, Kohring, Morgan, Porter, Scalzi, Whitaker Excused: Ogan Absent: Kookesh, Masek, Moses And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Berkowitz: Page 5, line 14, following "importance": Insert ", and does not support or oppose a candidate for election to public office" Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, it was so ordered. Representative James moved and asked unanimous consent that HCS CSSB 363(RLS) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 363(RLS) am H was read the third time. The question being: "Shall HCS CSSB 363(RLS) am H pass the House?" The roll was taken with the following result: HCS CSSB 363(RLS) am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 2002-05-13 House Journal Page 3650 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Croft, Kookesh, Moses And so, HCS CSSB 363(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. Representative Kerttula gave notice of reconsideration of the vote on HCS CSSB 363(RLS) am H. SB 364 The following was read the second time: SENATE BILL NO. 364 "An Act relating to medical services under the state Medicaid program." with the: Journal Page JUD RPT 3DP 1DNP 2NR 3517 FN1: INDETERMINATE(HSS) 3517 FIN RPT 6DP 2DNP 1NR 3570 FN1: INDETERMINATE(HSS) 3570 Amendment No. 1 was offered by Representative Halcro: Page 1, line 12, following "necessary" Insert "." Page 1, line 12, following "necessary" through page 2, line 8: Delete all material. 2002-05-13 House Journal Page 3651 Representative Halcro moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Dyson objected. Representative Dyson placed a call of the House on the bill. **The presence of Representative Ogan, who had been previously excused (page 3607), was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 364 Second Reading Amendment No. 1 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, McGuire, Moses, Murkowski, Porter, Scalzi Nays: Chenault, Coghill, Dyson, Fate, Foster, Green, Harris, James, Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Mulder, Ogan, Rokeberg, Stevens, Whitaker, Williams, Wilson And so, Amendment No. 1 was not adopted. Amendment No. 2 and Amendment No. 3 were not offered. Representative James moved and asked unanimous consent that SB 364 be considered engrossed, advanced to third reading, and placed on final passage. Objections were heard. The Speaker stated that SB 364 will be in third reading on tomorrow's calendar. The Speaker stated that, without objection, the House would revert to: 2002-05-13 House Journal Page 3652 REPORTS OF STANDING COMMITTEES The Finance Committee has reviewed the qualifications of: Phil A. Younker, Sr. Alaska Mental Health Trust Authority Board of Trustees and recommends the following: Confirm (10): Bunde, Whitaker, Harris, Croft, Davies, Moses, Lancaster, Hudson, Foster, Williams The report was signed by Representative Williams, Co-chair. CONSIDERATION OF THE DAILY CALENDAR (continued) SENATE BILLS IN SECOND READING SB 191 The following, which had been read the second time and returned to the Rules Committee (page 3526), was again before the House in second reading: CS FOR SENATE BILL NO. 191(JUD) "An Act relating to insurance pooling by air carriers." Representative James moved and asked unanimous consent that the House rescind previous action in failing to adopt the House Rules Committee Substitute. Representative James moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Berkowitz and Kott: Delete all material and insert: 2002-05-13 House Journal Page 3653 "An Act relating to insurance pooling by air carriers; amending the definition of group health insurance, and allowing the Department of Administration to obtain a policy or policies of group health care insurance for employers that are small businesses, nonprofit organizations, special services organizations, or small associations for insurance purposes; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: FINDINGS AND INTENT. (a) Concerning secs. 2, 4, and 5 of this Act, the legislature has made the following findings regarding the facts that support a group insurance policy for qualified entities: (1) the latest United States Census data indicate that 19 percent of Alaskans are uninsured; (2) in 2000, about 700 companies were licensed to offer health insurance in the state, about 250 companies wrote some form of health insurance in the state, and fewer than 114,000 Alaskans were covered under individual and group comprehensive health insurance policies written in the state; (3) in 2000, 18 insurers wrote small employer health insurance in the state; 80 percent of small group policies are written by three health insurers; (4) small businesses are having problems finding and keeping adequate insurance coverage for employees; (5) nonprofit and special services organizations are having problems finding and keeping adequate insurance coverage for employees; (6) nonprofit and special services organizations provide many services that government cannot supply; and (7) adequate and stable health insurance is important to Alaskans; (b) It is the intent of the legislature that secs. 2, 4, and 5 of this Act assist in providing access to adequate and stable health insurance 2002-05-13 House Journal Page 3654 for small businesses, nonprofit organizations, and special services organizations. (c) The Department of Administration, in procuring the policy or policies permitted by secs. 2, 4, and 5 of this Act, should explore all options, including preferred provider organizations and lower cost options such as limited benefit and high deductible coverage. * Sec. 2. AS 21.54.060 is amended by adding a new paragraph to read: (7) under a policy or policies issued under AS 39.30.097. * Sec. 3. AS 21 is amended by adding a new chapter to read: Chapter 77. Joint Aviation Insurance Arrangements. Sec. 21.77.010. Authority to establish joint aviation insurance arrangements. (a) Air carriers may enter into cooperative agreements with each other for the purpose of establishing, operating, or participating in joint aviation insurance arrangements through which the participating members agree to pool contributions in order to either assume risks from losses to the participants on a group basis or purchase coverage for the participants on a group basis. (b) A joint aviation insurance arrangement (1) may be for any kind of insurance defined by this title except for health insurance, life insurance, and title insurance; and (2) shall be considered an alternative or supplement to any other policy or contract of insurance authorized or required by law, including insurance under AS 21.75. (c) For purposes of AS 23.30.075, a joint aviation insurance arrangement is considered to be an association duly authorized to transact workers' compensation insurance in the state. Sec. 21.77.020. Regulation by division of insurance, notice, and annual report. (a) A joint aviation insurance arrangement may not be considered insurance for the purpose of any other law of the state and is not subject to regulations adopted by the director. (b) Before an air carrier signs a cooperative agreement, the joint aviation insurance arrangement shall notify the air carrier in writing that the joint aviation insurance arrangement is not licensed in this state, is not subject to this state's supervision, and, in the event of the insolvency of the joint aviation insurance arrangement, losses will not be covered under AS 21.80 (Alaska Insurance Guaranty Association Act). 2002-05-13 House Journal Page 3655 (c) By October 1 of each year, the administrator of a joint aviation insurance arrangement shall prepare and deliver to the Legislative Budget and Audit Committee and the director a report showing the true and correct financial condition of the joint aviation insurance arrangement. The report must (1) be attested to by the administrator and the board of directors; (2) include an analysis, certified by a member of the American Academy of Actuaries, of the sufficiency of the loss reserves; and (3) be certified by a certified public accountant. Sec. 21.77.030. General provisions of cooperative agreements. (a) A cooperative agreement must provide for the proper operation of the joint aviation insurance arrangement and include provisions for (1) administration of the arrangement by a board of directors, specifying the number of members of the board and other requirements necessary for the proper functioning of the board; (2) appointment of an administrator and other persons as necessary for the proper functioning of the arrangement; (3) organization of the arrangement, including a roster of participating members and the names of the members of the board of directors; (4) procedures to establish and promote an aggressive risk management program among the members of the arrangement, including procedures for identifying and reducing the risks that can be reduced through implementing better safety technologies and improved work techniques and procedures; (5) enforcing the collection of contributions or payments in default from members of the arrangement; (6) the addition of new members to the arrangement or the withdrawal of members from the arrangement; (7) the method of apportioning costs and disposition of excess contributions; (8) transmission of financial statements and audit reports of the arrangement to participating members; (9) terminating the arrangement and disposing of its assets; and 2002-05-13 House Journal Page 3656 (10) establishing and administering a joint aviation insurance fund. (b) A cooperative agreement may (1) authorize the board of directors to enter into contracts for services necessary to perform the functions of a joint aviation insurance arrangement; a person contracting to perform functions under this paragraph is subject to the licensing requirements of this title; (2) delegate to the board of directors, or authorize delegation by the board to another person or group, the power to compromise, arbitrate, or otherwise settle claims on behalf of the arrangement; (3) authorize the board of directors to adopt rules not inconsistent with law for the fair and equitable administration of the joint aviation insurance arrangement and the joint aviation insurance fund. (c) The board of directors shall file a copy of the cooperative agreement with the director at least 60 days before the effective date of the agreement. The agreement shall be available for public inspection. Sec. 21.77.040. Financial provisions of agreements. (a) A joint aviation insurance arrangement formed in accordance with the provisions of this chapter shall (1) have and maintain a surplus no less than an amount equal to the total of the capital and one-half of the surplus that would be required of a domestic stock insurer writing the same lines as the joint aviation insurance arrangement; or (2) post a bond for an amount equal to the capital that would be required of a domestic stock insurer writing the same lines of insurance as the joint aviation insurance arrangement and maintain a surplus of $500,000 in admitted assets or a surplus sufficient to operate the joint aviation insurance arrangement for one year, whichever is greater. (b) A cooperative agreement must include a provision requiring an annual determination by a casualty actuary who is a member of the American Academy of Actuaries that procedures for establishing reserves for losses of the joint aviation insurance arrangement are actuarially sound. (c) A joint aviation insurance arrangement shall be subject to an annual independent audit. The audit shall be conducted in 2002-05-13 House Journal Page 3657 accordance with generally accepted auditing standards and must include a review of the actuarial assumptions used for establishing the reserves under (b) of this section. The audit report must include certification from a casualty actuary who is a member of the American Academy of Actuaries that the actuarial assumptions continue to be sound and the level of the reserves is adequate. (d) A cooperative agreement may authorize the board of directors to purchase excess or catastrophic insurance on behalf of the joint aviation insurance arrangement. The cost of the insurance shall be apportioned in the manner specified in the joint aviation insurance agreement. The board may purchase insurance under this subsection only from an insurer authorized to do business in the state, except insurance under this subsection may be purchased from a risk-sharing pool established by a national association of similar entities if the risk-sharing pool meets the qualifications for an unauthorized insurer under AS 21.34.040(b) and (d) and 21.34.220 and has capital and policyholders surplus in an amount at least as great as would be required if the association were a domestic multiple line insurer. An arrangement may purchase insurance under this subsection for property and liability risks from unauthorized insurers allowed for use by licensed Alaska surplus lines brokers. Sec. 21.77.050. Joint aviation insurance fund. (a) A joint aviation insurance arrangement shall establish a joint aviation insurance fund. The fund consists of money (1) contributed by members of the joint aviation insurance arrangement through budgetary appropriations or transfers from a self-insurance reserve; (2) contributed by officers and employees of members of the joint aviation insurance arrangement under an employee benefit plan; and (3) collected by the joint aviation insurance arrangement through subrogation of a claim paid from the fund to a member of the arrangement. (b) An expenditure may be made from a joint aviation insurance fund only to (1) pay claims, losses, or benefits, including interest on claims, losses, or benefits, and the administrative and adjustment expenses incurred in connection with claims, losses, or benefits, 2002-05-13 House Journal Page 3658 involving the types of protection for which the fund provides coverage as specified in the joint aviation insurance agreement; and (2) purchase insurance coverage for members of a joint aviation insurance arrangement on a group basis. (c) The administrator shall keep the fund separate from other funds of a member of a joint aviation insurance arrangement. (d) For each type of protection offered by the joint aviation insurance arrangement, the method of accounting must show the order, source, date, and amount of each payment from the fund. (e) Within 150 days of the end of the fiscal year, the administrator shall furnish a detailed report of the operation and condition of the fund to the board of directors and the director. (f) Money held by a fund as reserves and money not needed for daily operations may be invested by the board of directors. (g) A fund may not be terminated unless the administrator certifies that an amount of money sufficient to pay accrued and contingent expenditures has been placed in a fully collateralized escrow account. Sec. 21.77.250. Definitions. In this chapter, (1) "adjustment expenses" means expenses for investigative, processing, legal, actuarial, arbitration, and settlement services incurred in the adjustment of losses, claims, or benefits; (2) "administrator" means a person or group appointed by the board of directors to administer a joint aviation insurance arrangement or a joint aviation insurance fund; (3) "board" or "board of directors" means the board of directors provided for in a cooperative agreement; (4) "cooperative agreement" means a written agreement entered into by two or more air carriers described in AS 21.77.010 for the purpose of establishing, operating, or participating in a joint aviation insurance arrangement; (5) "fund" or "joint aviation insurance fund" means a fund established under AS 21.77.050; (6) "joint aviation insurance arrangement" means a joint aviation insurance arrangement authorized under AS 21.77.010. * Sec. 4. AS 39.30 is amended by adding a new section to read: Sec. 39.30.097. Procurement of group health care insurance policies for qualified entities. (a) The department 2002-05-13 House Journal Page 3659 may obtain a health care insurance policy or policies to cover a group of qualified entities. (b) In procuring a health care insurance policy or policies under this section, the commissioner of administration shall comply with the procedure for obtaining policies of insurance under AS 39.30.090(a)(4) and (5). (c) A qualified entity is eligible for coverage under (a) of this section if the qualified entity (1) submits a written request for registration to the department; and (2) receives written confirmation from the commissioner of administration that the qualified entity is registered to participate. (d) The request for registration submitted by a qualified entity under (c) of this section must contain a statement certifying that the entity meets the definition of a qualified entity under this section and that the entity agrees to pay the required premiums to the insurance company. The owner, a principal, or another legally qualified representative of the entity shall sign the statement under penalty of unsworn falsification and fraud. The department shall register an entity that submits a request for registration and meets the requirements of this subsection. The department shall maintain a list of entities registered to participate under this section and shall make the list available for public inspection. (e) The department may not procure benefits under this section by means of self-insurance. (f) In this section, (1) "association for insurance purposes" means an association (A) composed of businesses or nonprofit organizations or both; and (B) organized and operating in Alaska; (2) "business" means a business (A) located in Alaska; (B) organized under the relevant provisions of the Alaska Statutes; if the form of business is not required to be organized under a statute, then the sole proprietor or joint venturers who own the business must be Alaska residents; and (C) that employed an average of at least two but not more than 50 eligible employees on the business days during 2002-05-13 House Journal Page 3660 the preceding calendar year and employs at least two eligible employees on the first day of a health benefit plan; (3) "department" means the Department of Administration; (4) "employee" has the meaning given in AS 21.54.500; (5) "health care insurance" has the meaning given in AS 21.12.050; (6) "nonprofit organization" means a nonprofit corporation, association, club, or society organized and operating in Alaska exclusively for charitable, religious, scientific, or educational purposes or for the promotion of social welfare and that has received an exemption from the payment of federal income tax; (7) "policy" has the meaning given in AS 21.90.900; (8) "qualified entity" means a business, nonprofit organization, association for insurance purposes, or special services organization; (9) "special services organization" means an entity, corporation, or nonprofit organization organized and operating in Alaska that is (A) an entity, including a sole proprietorship and a corporation solely owned by one person, (i) operating a child care facility that is licensed under AS 14.37; (ii) operating a residential child care facility, child placement agency, foster home, or maternity home that is licensed under AS 47.35; (iii) operating an assisted living home that is licensed under AS 47.33; (iv) operating a community-based center for adult day care as that term is defined in AS 47.65.290; or (v) providing home care services as defined in AS 47.65.290; (B) a corporation incorporated under AS 10.20 that (i) receives state grants to provide services; or (ii) makes grants to other corporations incorporated under AS 10.20 that receive state grants to provide services; or 2002-05-13 House Journal Page 3661 (C) a nonprofit organization, regardless of whether incorporated, whose primary purpose is to provide assistance to disadvantaged classes or groups; * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to read: INITIAL COST RECOVERY. The commissioner of administration shall recover the initial administrative costs of procuring group health care insurance policies as provided in AS 39.30.097, added by sec. 4 of this Act, over a period of five years. The commissioner shall fairly allocate the administrative costs among the qualified entities seeking coverage under AS 39.30.097 based on the numbers of persons covered. The commissioner shall distribute the administrative costs recovered pro rata to the funds from which initial funding was made. * Sec. 6. This Act takes effect July 1, 2002. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. Amendment to Amendment No. 1 was offered by Representative Rokeberg: Delete all references to small businesses from Amendment No. 1. Representative Bunde objected. The question being: "Shall Amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 191(JUD) Second Reading Amendment to Amendment No. 1 YEAS: 7 NAYS: 27 EXCUSED: 0 ABSENT: 6 2002-05-13 House Journal Page 3662 Yeas: Coghill, Dyson, Foster, Kohring, Meyer, Rokeberg, Stevens Nays: Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Morgan, Moses, Murkowski, Porter, Scalzi, Whitaker, Wilson Absent: Davies, Masek, McGuire, Mulder, Ogan, Williams And so, Amendment to Amendment No. 1 was not adopted. Representative Rokeberg withdrew the objection to Amendment No. 1. There being no further objection, Amendment No. 1 was adopted. The Speaker stated that, without objection, Conference Committee members Representatives Williams, Mulder, and Davies would be excused from a call of the House. Representative Chenault placed a call of the House and lifted the call. Representative James moved and asked unanimous consent that CSSB 191(JUD) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 191(JUD) am H was read the third time. The question being: "Shall CSSB 191(JUD) am H pass the House?" The roll was taken with the following result: CSSB 191(JUD) am H Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Bunde, Cissna, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson 2002-05-13 House Journal Page 3663 Nays: Chenault, Coghill, Kott, Masek, Ogan Excused: Davies, Mulder, Williams Absent: McGuire And so, CSSB 191(JUD) 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. Representative Berkowitz gave notice of reconsideration of the vote on CSSB 191(JUD) am H. RECONSIDERATION SB 191 Representative Berkowitz moved and asked unanimous consent that the reconsideration of CSSB 191(JUD) am H be taken up on the same day. Representative Kott objected. The question being: "Shall the reconsideration of CSSB 191(JUD) am H be taken up on the same day?" The roll was taken with the following result: CSSB 191(JUD) am H - RECONSIDERATION Third Reading Take up Reconsideration on the Same Day YEAS: 27 NAYS: 7 EXCUSED: 3 ABSENT: 3 Yeas: Berkowitz, Cissna, Crawford, Croft, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Bunde, Coghill, Dyson, Halcro, Kott, Lancaster, Masek Excused: Davies, Mulder, Williams 2002-05-13 House Journal Page 3664 Absent: Chenault, McGuire, Ogan And so, the motion passed. Representative James moved and asked unanimous consent that Representative Ogan be excused from a call of the House today. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR SENATE BILL NO. 191(JUD) am H "An Act relating to insurance pooling by air carriers; amending the definition of group health insurance, and allowing the Department of Administration to obtain a policy or policies of group health care insurance for employers that are small businesses, nonprofit organizations, special services organizations, or small associations for insurance purposes; and providing for an effective date." The question to be reconsidered: "Shall CSSB 191(JUD) am H pass the House?" The roll was taken with the following result: CSSB 191(JUD) am H--RECONSIDERATION Third Reading Final Passage YEAS: 32 NAYS: 3 EXCUSED: 4 ABSENT: 1 Yeas: Berkowitz, Bunde, Cissna, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Chenault, Coghill, Masek Excused: Davies, Mulder, Ogan, Williams Absent: McGuire And so, CSSB 191(JUD) am H passed the House on reconsideration. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2002-05-13 House Journal Page 3665 CSSB 191(JUD) am H was referred to the Chief Clerk for engrossment. SPECIAL ORDER OF BUSINESS HCR 32 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. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 191, relating to insurance pooling by air carriers. There being no objection, it was so ordered. The question being: "Shall HCR 32 pass the House?" The roll was taken with the following result: HCR 32 Special Order of Business YEAS: 33 NAYS: 2 EXCUSED: 4 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Kohring, Masek Excused: Davies, Mulder, Ogan, Williams Absent: McGuire And so, HCR 32 passed the House and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would recess until 6:00 p.m. for a joint session; and so, the House recessed at 5:02 p.m. 2002-05-13 House Journal Page 3666 AFTER RECESS The Speaker called the House back to order at 6:16 p.m. JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Porter turned the gavel over to President Halford who called the joint session to order at 6:17 p.m. The purpose of the joint session was to consider confirmation of Senate and House nominations and the Governor's appointments. A roll call of the Senate showed 20 members present. A roll call of the House showed 39 members present. 2002 SENATE AND HOUSE NOMINATIONS Chief Victims' Advocate Stephen E. Branchflower Ombudsman Linda Lord-Jenkins 2002 CONFIRMATION OF GOVERNOR'S APPOINTMENTS President Halford stated that all confirmations under consideration would be for the terms provided in statute pursuant to AS 39.05.053 and not necessarily as stated in the list below: Alaska Air National Guard - Brigadier General Colonel Gene Ramsay - Kulis ANG Base Colonel Jim Robinson - Fort Richardson Colonel Tim Scott - Eielson Air Force Base Space and Missile Defense - Brigadier General Colonel Jim Welch - Anchorage Commissioner - Department of Health and Social Services Jay Livey - Juneau Appointed: 10/09/2001 2002-05-13 House Journal Page 3667 Alaska State Board of Public Accountancy Marjorie J. Kaiser - Anchorage Appointed: 07/16/1997 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Steven R. Tarola - Homer Appointed: 07/16/1997 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Sandra R. Wilson - Fairbanks Appointed: 07/16/1997 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Alcoholic Beverage Control Board Ellen L. Ganley - Fairbanks Appointed: 06/29/1995 Reappointed: 01/31/1996, 02/19/1999, and 01/31/2002 Term Expires: 03/01/2005 State Board of Registration for Architects, Engineers, and Land Surveyors Linda Cyra-Korsgaard - Anchorage Appointed: 09/11/1998 Reappointed: 07/01/2001 Term Expires: 06/30/2005 Donald J. Iverson - Anchorage Appointed: 08/12/1997 Reappointed: 07/01/2001 Term Expires: 03/01/2005 Scott McLane - Soldotna Appointed: 08/12/1997 Reappointed: 07/01/2001 Term Expires: 03/01/2005 Patricia Peirsol - Fairbanks Appointed: 08/12/1997 Reappointed: 07/01/2001 Term Expires: 03/01/2005 Board of Governors of the Alaska Bar William A. Granger - Anchorage Appointed: 06/29/2001 Term Expires: 03/01/2003 Dr. Sheila Selkregg - Anchorage Appointed: 04/05/2002 Term Expires: 03/01/2004 Board of Barbers and Hairdressers William (Randy) R. Graf - Anchorage Appointed: 06/21/2001 Term Expires: 03/01/2002 2002-05-13 House Journal Page 3668 Board of Chiropractic Examiners Dr. Gregory M. Culbert - Eagle River Appointed: 01/24/2002 Term Expires: 03/01/2005 Dr. Carol J. Davis - Fairbanks Appointed: 11/16/1998 Reappointed: 07/15/2001 Term Expires: 03/01/2005 Dr. R. Clark Davis - Ketchikan Appointed: 11/14/2001 Term Expires: 03/01/2004 Alaska Commercial Fisheries Entry Commission (CFEC) Mary McDowell - Juneau Appointed: 10/06/1997 Reappointed: 08/20/2001 Term Expires: 03/01/2006 Board of Dental Examiners Dr. Robert J. Allen - Bethel Appointed: 11/14/2001 Term Expires: 03/01/2003 Dr. William L. Gerace - Anchorage Appointed: 06/25/2001 Term Expires: 03/01/2005 Dr. Rebecca Neslund - Kodiak Appointed: 11/14/2001 Term Expires: 03/01/2005 Board of Dispensing Opticians David Matthews, Jr. - Kotzebue Appointed: 04/01/2002 Term Expires: 03/01/2006 James Rothmeyer - Fairbanks Appointed: 03/17/1999 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Cindy Tidd - Wasilla Appointed: 04/01/2002 Term Expires: 03/01/2005 State Commission for Human Rights Kathy K. Wisthoff - Anchorage Appointed: 02/20/1997 Reappointed: 01/31/2002 Term Expires: 03/01/2007 Commission on Judicial Conduct Jeffrey M. Feldman - Anchorage Appointed: 09/01/1993 Reappointed: 07/16/1997 and 06/07/2001 Term Expires: 03/01/2005 2002-05-13 House Journal Page 3669 Alaska Labor Relations Agency Roberta Demoski - Anchorage Appointed: 01/18/2002 Term Expires: 03/01/2003 Aaron T. Isaacs - Klawock Appointed: 06/12/2000 Reappointed: 01/18/2002 Term Expires: 03/01/2005 David D. Rasley - Fairbanks Appointed: 11/14/2001 Term Expires: 03/01/2004 Raymond P. Smith - Anchorage Appointed: 03/06/1995 Reappointed: 06/30/1995, 07/31/1998, and 08/22/2001 Term Expires: 03/01/2004 Board of Marine Pilots Jack G. Poulson - Juneau Appointed: 06/07/2001 Term Expires: 03/01/2004 Board of Marital and Family Therapy Larry Holman - Anchorage Appointed: 08/22/2001 Reappointed: 12/14/2001 Term Expires: 03/01/2005 Bill Platte - Juneau Appointed: 04/01/2002 Term Expires: 03/01/2005 State Medical Board Dr. Allan G. Schlicht - Juneau Appointed: 11/14/2001 Term Expires: 03/01/2004 Thomas H. Wilson - Fairbanks Appointed: 11/14/2001 Term Expires: 03/01/2005 Alaska Mental Health Trust Authority Board of Trustees Phil A. Younker, Sr. - Fairbanks Appointed: 06/07/2001 Term Expires: 03/01/2005 Board of Certified Direct-Entry Midwives Martha J. Falkar Linden - Anchorage Appointed: 11/26/1997 Reappointed: 07/21/2001 Term Expires: 03/01/2005 2002-05-13 House Journal Page 3670 Board of Nursing Barbara Berner - Anchorage Appointed: 06/02/1998 Reappointed: 03/08/2002 Term Expires: 03/01/2006 Dr. Nancy L. Sanders - Anchorage Appointed: 08/23/1999 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Board of Examiners in Optometry Dr. Erik D. Christianson - Ketchikan Appointed: 06/01/1998 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Board of Pharmacy Gerry Knasiak - Ketchikan Appointed: 04/16/1998 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Laura Lee Nelson - Juneau Appointed: 06/29/1999 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Margaret Soden - Fairbanks Appointed: 12/11/1998 Reappointed: 03/08/2002 Term Expires: 03/01/2006 State Physical Therapy and Occupational Therapy Board Sundi M. Hondl - Wasilla Appointed: 01/21/1998 Reappointed: 08/22/2001 Term Expires: 03/01/2005 Laura McDonough - Anchorage Appointed: 06/07/2001 Term Expires: 03/01/2004 Linda Newman - Juneau Appointed: 04/01/2002 Term Expires: 03/01/2006 Dr. George D. Rhyneer - Anchorage Appointed: 11/06/2001 Term Expires: 03/01/2004 2002-05-13 House Journal Page 3671 Board of Professional Counselors Janet McGillivary - Anchorage Appointed: 03/21/2000 Reappointed: 11/06/2001 Term Expires: 03/01/2005 Dr. Allan A. Morotti - Fairbanks Appointed: 11/16/1998 Reappointed: 11/06/2001 Term Expires: 03/01/2005 Professional Teaching Practices Commission Steven Beardsley - Anchorage Appointed: 12/11/1998 Reappointed: 07/01/2001 Term Expires: 03/01/2004 Vickie L. McCubbin - Anchorage Appointed: 12/11/1998 Reappointed: 07/01/2001 Term Expires: 03/01/2004 Dr. Donna Peterson - Soldotna Appointed: 07/01/2001 Term Expires: 03/01/2004 Board of Psychologist and Psychological Associate Examiners Dr. Carey S. Edney - Anchorage Appointed: 10/31/1997 Reappointed: 07/01/2001 Term Expires: 03/01/2005 Alaska Public Offices Commission (APOC) John Dapcevich - Juneau Appointed: 01/16/2001 Reappointed 04/12/2002 Term Expires: 03/01/2007 Sheila Gallagher - Anchorage Appointed: 06/07/2001 Term Expires: 03/01/2006 Board of Certified Real Estate Appraisers Judy Kemplen - Anchorage Appointed: 01/21/1998 Reappointed: 06/30/2001 Term Expires: 03/01/2005 Stephen F. Turner - Anchorage Appointed: 08/25/2000 Reappointed: 01/18/2002 Term Expires: 03/01/2006 2002-05-13 House Journal Page 3672 Real Estate Commission Lowell (Tom) T. Freeman - Anchorage Appointed: 11/06/2001 Term Expires: 03/01/2003 Jeannie Johnson - Douglas Appointed: 06/07/2001 Term Expires: 03/01/2005 Susan Rainey - Fairbanks Appointed: 09/15/2001 Term Expires: 03/01/2005 Regulatory Commission of Alaska (RCA) Will Abbott - Anchorage Appointed: 07/01/1999 Reappointed: 07/01/2001 Term Expires: 03/01/2007 Board of Social Work Examiners Lorraine M. Jaeger-Kirsch - Douglas Appointed: 11/14/2001 Reappointed: 01/18/2002 Term Expires: 03/01/2006 Denny Patella - Anchorage Appointed: 09/11/1998 Reappointed: 08/22/2001 and 09/25/2001 Term Expires: 03/01/2005 Sammye Pokryfki - Wasilla Appointed: 03/01/2002 Term Expires: 03/01/2006 Violent Crimes Compensation Board Leslie D. Bogda Wheeler - Wasilla Appointed: 05/15/1996 Reappointed: 12/11/1998 and 01/18/2002 Term Expires: 03/01/2004 Alaska Workers' Compensation Board Dorothy Bradshaw - Fairbanks Appointed: 01/30/1996 Reappointed: 06/02/1998 and 07/01/2001 Term Expires: 03/01/2004 John Giuchici - Fairbanks Appointed: 10/10/1991 Reappointed: 06/25/1996, 09/07/2000, and 01/18/2002 Term Expires: 03/01/2005 Stephen T. Hagedorn - Anchorage Appointed: 08/19/1991 Reappointed: 06/25/1996, 09/06/2000, and 01/18/2002 Term Expires: 03/01/2005 James (Jay) N. Rhodes - Ketchikan Appointed: 09/11/2001 Term Expires: 03/01/2004 2002-05-13 House Journal Page 3673 Philip E. Ulmer - Eagle River Appointed: 01/30/1996 Reappointed: 06/02/1998 and 07/01/2001 Term Expires: 03/01/2004 Board of Fisheries Brett Huber - Soldotna Appointed: 07/01/2002 Term Expires: 06/30/2005 Gerry Merrigan - Petersburg Appointed: 07/01/2002 Term Expires: 06/30/2005 Art Nelson - Anchorage Appointed: 07/01/2002 Term Expires: 06/30/2005 Board of Game Bruce Baker - Juneau Appointed: 02/19/2002 Term Expires: 03/01/2005 George Matz - Anchorage Appointed: 05/17/2001 Term Expires: 03/01/2004 J. Dana Pruhs - Anchorage Appointed: 05/17/2001 Term Expires: 03/01/2003 Caleb Pungowiyi - Kotzebue Appointed: 02/19/2002 Term Expires: 03/01/2005 Michelle Sparck - Bethel Appointed: 02/19/2002 Term Expires: 03/01/2005 Board of Education and Early Development Roger Chan - Anchorage Appointed: 04/29/2002 Term Expires: 03/1/2005 Sally Rue - Juneau Appointed: 03/23/2000 Reappointed: 01/31/2002 Term Expires: 03/01/2007 University of Alaska Board of Regents Mark Begich - Anchorage Appointed: 05/29/2001 Term Expires: 03/01/2009 Joseph Hardenbrook - Fairbanks Appointed: 06/01/2001 Term Expires: 06/01/2003 Marlene A. Johnson - Juneau Appointed: 05/29/2001 Term Expires: 03/01/2009 2002-05-13 House Journal Page 3674 Senator Leman moved that Stephen E. Branchflower be confirmed as Chief Victims' Advocate. The question being: "Shall Stephen E. Branchflower be confirmed as Chief Victims' Advocate?" The roll of the House was taken with the following result: Chief Victims' Advocate Confirm - Branchflower HOUSE YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Halcro The roll of the Senate was called with the following result: Chief Victims' Advocate Confirm - Branchflower SENATE YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Torgerson, Ward, Wilken, Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Halford TOTAL: YEAS: 59 NAYS: 0 EXCUSED: 0 ABSENT: 1 And so, Stephen E. Branchflower was confirmed as Chief Victims' Advocate. Senator Leman moved that Linda Lord-Jenkins be confirmed as Ombudsman. 2002-05-13 House Journal Page 3675 The question being: "Shall Linda Lord-Jenkins be confirmed as Ombudsman?" The roll of the Senate was called with the following result: Ombudsman Confirm - Lord-Jenkins SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Ward, Wilken, Austerman, Cowdery, Davis, Donley, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Halford Nays: Elton The roll of the House was taken with the following result: Ombudsman Confirm - Lord-Jenkins HOUSE YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Halcro TOTAL: YEAS: 58 NAYS: 1 EXCUSED: 0 ABSENT: 1 And so, Linda Lord-Jenkins was confirmed as Ombudsman. Senator Leman moved that Colonel Gene Ramsay be confirmed as Alaska Air National Guard - Brigadier General. The question being: "Shall Colonel Gene Ramsay be confirmed as Alaska Air National Guard - Brigadier General?" The roll of the House was taken with the following result: 2002-05-13 House Journal Page 3676 Alaska Air National Guard - Brigadier General Confirm - Ramsay HOUSE YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Halcro The roll of the Senate was called with the following result: Alaska Air National Guard - Brigadier General Confirm - Ramsay SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Wilken, Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Halford Nays: Ward TOTAL: YEAS: 58 NAYS: 1 EXCUSED: 0 ABSENT: 1 And so, Colonel Gene Ramsay was confirmed as Alaska Air National Guard - Brigadier General. Senator Leman moved that Colonel Jim Robinson be confirmed as Alaska Air National Guard - Brigadier General. The question being: "Shall Colonel Jim Robinson be confirmed as Alaska Air National Guard - Brigadier General?" The roll of the Senate was called with the following result: 2002-05-13 House Journal Page 3677 Alaska Air National Guard - Brigadier General Confirm - Robinson SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Wilken, Halford Nays: Ward The roll of the House was taken with the following result: Alaska Air National Guard - Brigadier General Confirm - Robinson HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson TOTAL: YEAS: 59 NAYS: 1 EXCUSED: 0 ABSENT: 0 And so, Colonel Jim Robinson was confirmed as Alaska Air National Guard - Brigadier General. Senator Leman moved that Colonel Tim Scott be confirmed as Alaska Air National Guard - Brigadier General. The question being: "Shall Colonel Tim Scott be confirmed as Alaska Air National Guard - Brigadier General?" The roll of the House was taken with the following result: Alaska Air National Guard - Brigadier General Confirm - Scott HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2002-05-13 House Journal Page 3678 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson The roll of the Senate was called with the following result: Alaska Air National Guard - Brigadier General Confirm - Scott SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Wilken, Austerman, Halford Nays: Ward TOTAL: YEAS: 59 NAYS: 1 EXCUSED: 0 ABSENT: 0 And so, Colonel Tim Scott was confirmed as Alaska Air National Guard - Brigadier General. Senator Leman moved that Colonel Jim Welch be confirmed as Space and Missile Defense - Brigadier General. The question being: "Shall Colonel Jim Welch be confirmed as Space and Missile Defense - Brigadier General?" The roll of the Senate was called with the following result: Space and Missile Defense - Brigadier General Confirm - Welch SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Wilken, Austerman, Cowdery, Halford 2002-05-13 House Journal Page 3679 Nays: Ward The roll of the House was taken with the following result: Space and Missile Defense - Brigadier General Confirm - Welch HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson TOTAL: YEAS: 59 NAYS: 1 EXCUSED: 0 ABSENT: 0 And so, Colonel Jim Welch was confirmed as Space and Missile Defense - Brigadier General. Senator Leman moved that Jay Livey be confirmed as Commissioner of the Department of Health and Social Services. The question being: "Shall Jay Livey be confirmed as Commissioner of the Department of Health and Social Services?" The roll of the House was taken with the following result: Commissioner of the Department of Health and Social Services Confirm - Livey HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-05-13 House Journal Page 3680 The roll of the Senate was called with the following result: Commissioner - Dept. of Health and Social Services Confirm - Livey SENATE YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Ellis, Elton, Green, Hoffman, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Wilken, Austerman, Cowdery, Davis, Halford Nays: Ward Absent: Kelly TOTAL: YEAS: 58 NAYS: 1 EXCUSED: 0 ABSENT: 1 And so, Jay Livey was confirmed as Commissioner of the Department of Health and Social Services. Senator Leman listed the appointments to the: Alaska State Board of Public Accountancy Marjorie J. Kaiser - Anchorage Appointed: 07/16/1997 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Steven R. Tarola - Homer Appointed: 07/16/1997 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Sandra R. Wilson - Fairbanks Appointed: 07/16/1997 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: 2002-05-13 House Journal Page 3681 Alcoholic Beverage Control Board Ellen L. Ganley - Fairbanks Appointed: 06/29/1995 Reappointed: 01/31/1996, 02/19/1999, and 01/31/2002 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: State Board of Registration for Architects, Engineers, and Land Surveyors Linda Cyra-Korsgaard - Anchorage Appointed: 09/11/1998 Reappointed: 07/01/2001 Term Expires: 06/30/2005 Donald J. Iverson - Anchorage Appointed: 08/12/1997 Reappointed: 07/01/2001 Term Expires: 03/01/2005 Scott McLane - Soldotna Appointed: 08/12/1997 Reappointed: 07/01/2001 Term Expires: 03/01/2005 Patricia Peirsol - Fairbanks Appointed: 08/12/1997 Reappointed: 07/01/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Board of Governors of the Alaska Bar William A. Granger - Anchorage Appointed: 06/29/2001 Term Expires: 03/01/2003 Dr. Sheila Selkregg - Anchorage Appointed: 04/05/2002 Term Expires: 03/01/2004 2002-05-13 House Journal Page 3682 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Board of Barbers and Hairdressers William (Randy) R. Graf - Anchorage Appointed: 06/21/2001 Term Expires: 03/01/2002 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Board of Chiropractic Examiners Dr. Gregory M. Culbert - Eagle River Appointed: 01/24/2002 Term Expires: 03/01/2005 Dr. Carol J. Davis - Fairbanks Appointed: 11/16/1998 Reappointed: 07/15/2001 Term Expires: 03/01/2005 Dr. R. Clark Davis - Ketchikan Appointed: 11/14/2001 Term Expires: 03/01/2004 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Alaska Commercial Fisheries Entry Commission (CFEC) Mary McDowell - Juneau Appointed: 10/06/1997 Reappointed: 08/20/2001 Term Expires: 03/01/2006 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. 2002-05-13 House Journal Page 3683 Senator Leman listed the appointments to the: Board of Dental Examiners Dr. Robert J. Allen - Bethel Appointed: 11/14/2001 Term Expires: 03/01/2003 Dr. William L. Gerace - Anchorage Appointed: 06/25/2001 Term Expires: 03/01/2005 Dr. Rebecca Neslund - Kodiak Appointed: 11/14/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Board of Dispensing Opticians David Matthews, Jr. - Kotzebue Appointed: 04/01/2002 Term Expires: 03/01/2006 James Rothmeyer - Fairbanks Appointed: 03/17/1999 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Cindy Tidd - Wasilla Appointed: 04/01/2002 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: State Commission for Human Rights Kathy K. Wisthoff - Anchorage Appointed: 02/20/1997 Reappointed: 01/31/2002 Term Expires: 03/01/2007 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. 2002-05-13 House Journal Page 3684 Senator Leman listed the appointment to the: Commission on Judicial Conduct Jeffrey M. Feldman - Anchorage Appointed: 09/01/1993 Reappointed: 07/16/1997 and 06/07/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Alaska Labor Relations Agency Roberta Demoski - Anchorage Appointed: 01/18/2002 Term Expires: 03/01/2003 Aaron T. Isaacs - Klawock Appointed: 06/12/2000 Reappointed: 01/18/2002 Term Expires: 03/01/2005 David D. Rasley - Fairbanks Appointed: 11/14/2001 Term Expires: 03/01/2004 Raymond P. Smith - Anchorage Appointed: 03/06/1995 Reappointed: 06/30/1995, 07/31/1998, and 08/22/2001 Term Expires: 03/01/2004 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Board of Marine Pilots Jack G. Poulson - Juneau Appointed: 06/07/2001 Term Expires: 03/01/2004 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: 2002-05-13 House Journal Page 3685 Board of Marital and Family Therapy Larry Holman - Anchorage Appointed: 08/22/2001 Reappointed: 12/14/2001 Term Expires: 03/01/2005 Bill Platte - Juneau Appointed: 04/01/2002 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: State Medical Board Dr. Allan G. Schlicht - Juneau Appointed: 11/14/2001 Term Expires: 03/01/2004 Thomas H. Wilson - Fairbanks Appointed: 11/14/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Alaska Mental Health Trust Authority Board of Trustees Phil A. Younker, Sr. - Fairbanks Appointed: 06/07/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Board of Certified Direct-Entry Midwives Martha J. Falkar Linden - Anchorage Appointed: 11/26/1997 Reappointed: 07/21/2001 Term Expires: 03/01/2005 2002-05-13 House Journal Page 3686 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Board of Nursing Barbara Berner - Anchorage Appointed: 06/02/1998 Reappointed: 03/08/2002 Term Expires: 03/01/2006 Dr. Nancy L. Sanders - Anchorage Appointed: 08/23/1999 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Board of Examiners in Optometry Dr. Erik D. Christianson - Ketchikan Appointed: 06/01/1998 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Board of Pharmacy Gerry Knasiak - Ketchikan Appointed: 04/16/1998 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Laura Lee Nelson - Juneau Appointed: 06/29/1999 Reappointed: 06/07/2001 Term Expires: 03/01/2005 Margaret Soden - Fairbanks Appointed: 12/11/1998 Reappointed: 03/08/2002 Term Expires: 03/01/2006 2002-05-13 House Journal Page 3687 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: State Physical Therapy and Occupational Therapy Board Sundi M. Hondl - Wasilla Appointed: 01/21/1998 Reappointed: 08/22/2001 Term Expires: 03/01/2005 Laura McDonough - Anchorage Appointed: 06/07/2001 Term Expires: 03/01/2004 Linda Newman - Juneau Appointed: 04/01/2002 Term Expires: 03/01/2002 Dr. George D. Rhyneer - Anchorage Appointed: 11/06/2001 Term Expires: 03/01/2004 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Board of Professional Counselors Janet McGillivary - Anchorage Appointed: 03/21/2000 Reappointed: 11/06/2001 Term Expires: 03/01/2005 Dr. Allan A. Morotti - Fairbanks Appointed: 11/16/1998 Reappointed: 11/06/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: 2002-05-13 House Journal Page 3688 Professional Teaching Practices Commission Steven Beardsley - Anchorage Appointed: 12/11/1998 Reappointed: 07/01/2001 Term Expires: 03/01/2004 Vickie L. McCubbin - Anchorage Appointed: 12/11/1998 Reappointed: 07/01/2001 Term Expires: 03/01/2004 Dr. Donna Peterson - Soldotna Appointed: 07/01/2001 Term Expires: 03/01/2004 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Board of Psychologist and Psychological Associate Examiners Dr. Carey S. Edney - Anchorage Appointed: 10/31/1997 Reappointed: 07/01/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Alaska Public Offices Commission (APOC) John Dapcevich - Juneau Appointed: 01/16/2001 Reappointed 04/12/2002 Term Expires: 03/01/2007 Sheila Gallagher - Anchorage Appointed: 06/07/2001 Term Expires: 03/01/2006 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: 2002-05-13 House Journal Page 3689 Board of Certified Real Estate Appraisers Judy Kemplen - Anchorage Appointed: 01/21/1998 Reappointed: 06/30/2001 Term Expires: 03/01/2005 Stephen F. Turner - Anchorage Appointed: 08/25/2000 Reappointed: 01/18/2002 Term Expires: 03/01/2006 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Real Estate Commission Lowell (Tom) T. Freeman - Anchorage Appointed: 11/06/2001 Term Expires: 03/01/2003 Jeannie Johnson - Douglas Appointed: 06/07/2001 Term Expires: 03/01/2005 Susan Rainey - Fairbanks Appointed: 09/15/2001 Term Expires: 03/01/2005 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Regulatory Commission of Alaska (RCA) Will Abbott - Anchorage Appointed: 07/01/1999 Reappointed: 07/01/2001 Term Expires: 03/01/2007 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: 2002-05-13 House Journal Page 3690 Board of Social Work Examiners Lorraine M. Jaeger-Kirsch - Douglas Appointed: 11/14/2001 Reappointed: 01/18/2002 Term Expires: 03/01/2006 Denny Patella - Anchorage Appointed: 09/11/1998 Reappointed: 08/22/2001 and 09/25/2001 Term Expires: 03/01/2005 Sammye Pokryfki - Wasilla Appointed: 03/01/2002 Term Expires: 03/01/2006 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointment to the: Violent Crimes Compensation Board Leslie D. Bogda Wheeler - Wasilla Appointed: 05/15/1996 Reappointed: 12/11/1998 and 01/18/2002 Term Expires: 03/01/2004 Senator Leman moved and asked unanimous consent that the appointment be confirmed. There being no objection, it was so ordered. Senator Leman listed the appointments to the: Alaska Workers' Compensation Board Dorothy Bradshaw - Fairbanks Appointed: 01/30/1996 Reappointed: 06/02/1998 and 07/01/2001 Term Expires: 03/01/2004 John Giuchici - Fairbanks Appointed: 10/10/1991 Reappointed: 06/25/1996, 09/07/2000, and 01/18/2002 Term Expires: 03/01/2005 Stephen T. Hagedorn - Anchorage Appointed: 08/19/1991 Reappointed: 06/25/1996, 09/06/2000, and 01/18/2002 Term Expires: 03/01/2005 James (Jay) N. Rhodes - Ketchikan Appointed: 09/11/2001 Term Expires: 03/01/2004 Philip E. Ulmer - Eagle River Appointed: 01/30/1996 Reappointed: 06/02/1998 and 07/01/2001 Term Expires: 03/01/2004 2002-05-13 House Journal Page 3691 Senator Leman moved and asked unanimous consent that the appointments be confirmed. There being no objection, it was so ordered. Senator Leman moved and asked unanimous consent that the joint session adjourn. Objection was heard. The question being: "Shall the joint session adjourn?" The roll of the House was taken with the following result: Adjourn Joint Session HOUSE YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Green, Harris, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Foster, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Moses The roll of the Senate was called with the following result: Adjourn Joint Session SENATE YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Green, Kelly, Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken, Austerman, Cowdery, Donley, Halford Nays: Ellis, Elton, Hoffman, Lincoln, Olson, Davis TOTAL: YEAS: 39 NAYS: 21 EXCUSED: 0 ABSENT: 0 And so, President Halford adjourned the joint session at 6:42 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. 2002-05-13 House Journal Page 3692 IN THE HOUSE The Speaker called the House back to order at 6:50 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 225 A message dated May 13, 2002, was read stating the Senate has passed CSHB 225(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 225(RLS) "An Act relating to state taxation of alcoholic beverages; and increasing the alcoholic beverage state tax rates." CSHB 225(FIN) am is under Unfinished Business. Messages dated May 13, 2002, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 55 CS FOR SENATE BILL NO. 55(RLS) by the Senate Rules Committee, entitled: "An Act changing the name of the Alaska Pioneers' Home to the Alaska Pioneers' and Veterans' Home and of the Alaska Pioneers' Homes Advisory Board to the Alaska Pioneers' and Veterans' Home Advisory Board; relating to housing and services for veterans; relating to the advisory board for the home; making other amendments to the statutes relating to the home; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 2002-05-13 House Journal Page 3693 SB 230 CS FOR SENATE BILL NO. 230(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to recommending or refusing psychotropic drugs or certain types of evaluations or treatments for children." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. SB 317 SENATE BILL NO. 317 by the Senate Judiciary Committee, entitled: "An Act relating to the national forest income program in the Department of Community and Economic Development and to the authority of the department to adopt regulations; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. SB 366 CS FOR SENATE BILL NO. 366(RES) by the Senate Resources Committee, entitled: "An Act relating to the fee for the Chitina dip net fishing permit and to Chitina fishery access; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF SENATE BILLS SB 206 The following, which was advanced to third reading from the May 12, 2002, calendar (page 3575), was read the third time: 2002-05-13 House Journal Page 3694 HOUSE CS FOR CS FOR SENATE BILL NO. 206(FIN) am H "An Act relating to registration plates and parking permits for persons with disabilities and to illegal use of parking spaces for persons with disabilities." Representative Rokeberg moved and asked unanimous consent that HCS CSSB 206(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 2. Objection was heard. Representative Croft placed a call of the House and lifted the call. The question being: "Shall HCS CSSB 206(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 2?" The roll was taken with the following result: HCS CSSB 206(FIN) am H Third Reading Return to Second for Amendment No. 2 YEAS: 10 NAYS: 25 EXCUSED: 1 ABSENT: 4 Yeas: Chenault, Coghill, Dyson, Guess, McGuire, Meyer, Murkowski, Rokeberg, Scalzi, Wilson Nays: Bunde, Cissna, Crawford, Croft, Davies, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, Morgan, Mulder, Stevens, Whitaker, Williams Excused: Ogan Absent: Berkowitz, Kapsner, Moses, Porter And so, the motion failed. The question being: "Shall HCS CSSB 206(FIN) am H pass the House?" The roll was taken with the following result: 2002-05-13 House Journal Page 3695 HCS CSSB 206(FIN) am H Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 1 ABSENT: 4 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Davies Excused: Ogan Absent: Berkowitz, Kapsner, Moses, Porter And so, HCS CSSB 206(FIN) am H passed the House. Representative Meyer gave notice of reconsideration of the vote on HCS CSSB 206(FIN) am H. RECONSIDERATION SB 206 Representative Meyer moved and asked unanimous consent that the reconsideration of HCS CSSB 206(FIN) am H be taken up on the same day. Objection was heard. Representative Davies placed a call of the House. Representative Mulder moved and asked unanimous consent that Representative Porter be excused from a call of the House. Representative Davies objected. Representative Croft placed a call of the House. Representative Davies lifted the call. 2002-05-13 House Journal Page 3696 Representative Croft lifted the call. Representative Mulder moved and asked unanimous consent to withdraw the motion to excuse Representative Porter from a call of the House. There being no objection, it was so ordered. There being no further objection to taking up reconsideration of HCS CSSB 206(FIN) am H on the same day, it was so ordered. The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 206(FIN) am H "An Act relating to registration plates and parking permits for persons with disabilities and to illegal use of parking spaces for persons with disabilities." The question to be reconsidered: "Shall HCS CSSB 206(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 206(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Berkowitz, Kapsner, Porter And so, HCS CSSB 206(FIN) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS (continued) SB 219 The following, which was advanced to third reading from the May 12, 2002, calendar (page 3575), was read the third time: 2002-05-13 House Journal Page 3697 CS FOR SENATE BILL NO. 219(FIN) "An Act establishing and relating to the Navigable Waters Commission for Alaska." The question being: "Shall CSSB 219(FIN) pass the House?" The roll was taken with the following result: CSSB 219(FIN) Third Reading Final Passage YEAS: 29 NAYS: 5 EXCUSED: 1 ABSENT: 5 Yeas: Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Moses, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Cissna, Joule, Kerttula, Kookesh, Morgan Excused: Ogan Absent: Berkowitz, Hayes, Kapsner, Porter, Williams And so, CSSB 219(FIN) passed the House. Representative Coghill gave notice of reconsideration of the vote on CSSB 219(FIN). Representative Coghill moved and asked unanimous consent that the reconsideration of CSSB 219(FIN) be taken up on the same day. Objection was heard. Representative Coghill moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Coghill withdrew the notice of reconsideration on CSSB 219(FIN). Representative Croft gave notice of reconsideration of the vote on CSSB 219(FIN). 2002-05-13 House Journal Page 3698 SB 279 The following, which was advanced to third reading from the May 12, 2002, calendar (page 3576), was read the third 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." The question being: "Shall CSSB 279(FIN) pass the House?" The roll was taken with the following result: CSSB 279(FIN) 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, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Kookesh And so, CSSB 279(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. Representative Croft gave notice of reconsideration of the vote on CSSB 279(FIN). SB 370 The following, which was advanced to third reading from the May 12, 2002, calendar (page 3583), was read the third time: 2002-05-13 House Journal Page 3699 CS FOR SENATE BILL NO. 370(STA) am H "An Act establishing procedures relating to constitutional conventions." Representative Hayes moved and asked unanimous consent that CSHB 370(STA) am H be returned to second reading for the specific purpose of considering Amendment No. 5. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Hayes: Page 1, lines 12 - 13: Delete "One delegate shall be elected from each house district and one from each senate district." Insert "Three delegates shall be elected from each senate district." Representative Hayes moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 370(STA) am H Second Reading Amendment No. 5 YEAS: 8 NAYS: 31 EXCUSED: 1 ABSENT: 0 Yeas: Coghill, Crawford, Croft, Davies, Hayes, Kerttula, Moses, Scalzi Nays: Berkowitz, Bunde, Chenault, Cissna, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Stevens, Whitaker, Williams, Wilson Excused: Ogan 2002-05-13 House Journal Page 3700 And so, Amendment No. 5 was not adopted. The question being: "Shall CSSB 370(STA) am H pass the House?" The roll was taken with the following result: CSSB 370(STA) am H Third Reading Final Passage YEAS: 18 NAYS: 12 EXCUSED: 1 ABSENT: 9 Yeas: Chenault, Coghill, Dyson, Foster, Harris, Hayes, James, Kohring, Kott, Morgan, Moses, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Bunde, Crawford, Croft, Davies, Green, Guess, Hudson, Kapsner, Kerttula, Kookesh, Murkowski Excused: Ogan Absent: Cissna, Fate, Halcro, Joule, Lancaster, Masek, McGuire, Meyer, Mulder And so, CSSB 370(STA) am H failed to pass the House. Representative James gave notice of reconsideration of the vote on CSSB 370 (STA) am H(fld H). CONCUR IN SENATE AMENDMENTS HB 206 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. 206(RLS) "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." 2002-05-13 House Journal Page 3701 and CS FOR HOUSE BILL NO. 206(RLS) am S (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 206(RLS), thus adopting CSHB 206(RLS) am S, and recommended that the members vote yes. Representative Croft placed a call of the House and lifted the call. The question being: "Shall the House concur in the Senate amendment to CSHB 206(RLS)?" The roll was taken with the following result: CSHB 206(RLS) am S Concur YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Mulder Masek changed from "Nay" to "Yea". And so, the House concurred in the Senate amendment, thus adopting CSHB 206(RLS) am S. 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. CSHB 206(RLS) am S was referred to the Chief Clerk for enrollment. 2002-05-13 House Journal Page 3702 HB 286 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. 286(RES) am "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." and SENATE CS FOR CS FOR HOUSE BILL NO. 286(RES) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 286(RES) am, thus adopting SCS CSHB 286(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 286(RES) am?" The roll was taken with the following result: SCS CSHB 286(RES) Concur YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Ogan Absent: Mulder And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 286(RES). 2002-05-13 House Journal Page 3703 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 286(RES) was referred to the Chief Clerk for enrollment. HB 262 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3506) on the following at this time: HOUSE BILL NO. 262 "An Act relating to accounting for and appropriations of receipts from fees collected by the Department of Labor and Workforce Development for certain inspections and for certain plumbing and electrical worker certificates of fitness; establishing a building safety account; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 262(RLS) "An Act relating to the accounting for and appropriations of certain state program receipts; and providing for an effective date." (SCR 36 - title change resolution) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to HB 262, thus adopting SCS HB 262(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 262?" The roll was taken with the following result: 2002-05-13 House Journal Page 3704 SCS HB 262(RLS) Concur YEAS: 30 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Coghill, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Bunde, Cissna, Crawford, Croft, James, Kohring, Kookesh, Masek Excused: Ogan Kott changed from "Nay" to "Yea". James changed from "Yea" to "Nay". And so, the House concurred in the Senate amendment, thus adopting SCS HB 262(RLS). 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 262(RLS) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 36 Representative James moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: SENATE CONCURRENT RESOLUTION NO. 36 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 262, relating to accounting for and appropriations of receipts from fees collected by the Department of Labor and Workforce Development for certain inspections and for certain plumbing and 2002-05-13 House Journal Page 3705 electrical worker certificates of fitness, establishing a building safety account, and providing for an effective date. Representative Croft objected. The question being: "Shall SCR 36 be taken up as a Special Order of Business?" The roll was taken with the following result: SCR 36 Consider Special Order of Business YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Hayes, Joule, Kapsner, Kookesh Excused: Ogan And so, the motion passed. The question being: "Shall SCR 36 pass the House?" The roll was taken with the following result: SCR 36 Special Order of Business YEAS: 30 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Guess, Kapsner, Kerttula, Kookesh, Moses Excused: Ogan 2002-05-13 House Journal Page 3706 And so, SCR 36 passed the House, was signed by the Speaker and the Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 274 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3610) on the following at this time: CS FOR HOUSE BILL NO. 274(L&C) "An Act relating to the qualification of a physician used for an employer's independent medical examination and to the authority of the Alaska Workers' Compensation Board to provide an expedited hearing when an employee needs medical treatment; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 274(L&C) "An Act relating to the qualification of a physician used for an employer's independent medical examination; and providing for an effective date." (SCR 37 - title change resolution) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 274(L&C), thus adopting SCS CSHB 274(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 274(L&C)?" The roll was taken with the following result: SCS CSHB 274(L&C) Concur YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 2002-05-13 House Journal Page 3707 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Crawford, Kerttula Excused: Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 274(L&C). 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 274(L&C) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 37 Representative James moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: SENATE CONCURRENT RESOLUTION NO. 37 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. There being no objection, it was so ordered. The question being: "Shall SCR 37 pass the House?" The roll was taken with the following result: SCR 37 Special Order of Business YEAS: 35 NAYS: 3 EXCUSED: 1 ABSENT: 1 2002-05-13 House Journal Page 3708 Yeas: Berkowitz, Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Cissna, Crawford, Kerttula Excused: Ogan Absent: Mulder And so, SCR 37 passed the House, was signed by the Speaker and the Chief Clerk and returned to the Senate. UNFINISHED BUSINESS SB 4 The Speaker waived the Finance Committee referral for the following at the request of Representative Williams, Co-chair: CS FOR SENATE BILL NO. 4(RLS) am "An Act relating to optional exemptions from municipal property taxes on residential property and limiting an optional exclusion or exemption to the assessed value of $10,000 for a residence in a municipality with a total bonded indebtedness that equals or exceeds $15,000 multiplied by the number of residents in the municipality; and providing for an effective date." CSSB 4(RLS) am was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SPECIAL ORDER OF BUSINESS Representative Davies moved and asked unanimous consent that the following be adopted as the Sense of the House: "It is the Sense of the House that we should invite the Senate to join us in joint session to complete the confirmation process." Objection was heard. 2002-05-13 House Journal Page 3709 Representative Davies placed a call of the House. Representative Moses was excused from a call of the House today because of illness. The Speaker stated that the call was satisfied. The question being: "Shall it be the Sense of the House to invite the Senate to joint session to complete the confirmation process?" The roll was taken with the following result: Sense of the House Invite Senate to Joint Session to Complete Confirmation Process YEAS: 18 NAYS: 20 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Foster, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, McGuire, Morgan, Murkowski, Wilson Nays: Bunde, Chenault, Coghill, Dyson, Fate, Green, Harris, James, Kohring, Kott, Lancaster, Masek, Meyer, Mulder, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Excused: Moses, Ogan And so, the motion failed. UNFINISHED BUSINESS HB 124 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 124 "An Act prohibiting nursing facilities and assisted living homes from employing or allowing access by persons with certain criminal backgrounds, with exceptions." HB 129 Representative Kohring added his name as cosponsor to: 2002-05-13 House Journal Page 3710 HOUSE BILL NO. 129 "An Act relating to lifetime state park developed campsite permits." HB 419 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 419 "An Act establishing the Prescription Drug Assistance Task Force; and providing for an effective date." SB 100 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 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100(RLS)(title am) "An Act relating to regulation and operation of personal motor vehicles." SB 235 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. 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." ENGROSSMENT HCR 32 HCR 32 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2002-05-13 House Journal Page 3711 HCR 36 HCR 36 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 115 HCS SB 115(RLS) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 161 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. 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." SB 181 HCS CSSB 181(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 191 CSSB 191(JUD) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 206 HCS CSSB 206(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 222 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. 222(RLS) am H "An Act relating to certain motor vehicles that are required to yield to following traffic." 2002-05-13 House Journal Page 3712 SB 252 HCS CSSB 252(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 267 HCS CSSB 267(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 270 HCS CSSB 270(RLS) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted with a House letter of intent to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 14, 2002. There being no objection, the House adjourned at 8:38 p.m. Suzi Lowell Chief Clerk