Legislature(2001 - 2002)
2002-05-16 House Journal
Full Journal pdf2002-05-16 House Journal Page 3801 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday May 16, 2002 One Hundred Twenty-third Day Pursuant to adjournment the House was called to order by Speaker Porter at 11:14 a.m. Roll call showed 36 members present. Representatives Berkowitz, Croft, Davies, and Ogan were absent and their presence was noted later. The invocation was offered by Representative Bunde, Chaplain Designee. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Lord, where we are wrong, make us willing to change; where we are right, make us easy to live with. Amen. (The Reverend Peter Marshall) The Pledge of Allegiance was led by Representative Williams. MESSAGES FROM THE SENATE HB 420 A message dated May 15, 2002, was received stating the Senate has passed: HOUSE BILL NO. 420(title am) "An Act repealing certain sunset provisions relating to the use of water; and providing for an effective date." HB 420(title am) was referred to the Chief Clerk for enrollment. 2002-05-16 House Journal Page 3802 HB 330 A message dated May 14, 2002, was received stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 330(FIN) am "An Act relating to providing alcoholic beverages to a person under 21 years of age." and SENATE CS FOR CS FOR HOUSE BILL NO. 330(RLS) "An Act relating to brewpub licenses and to providing alcoholic beverages to a person under 21 years of age." (SCR 44 - title change resolution) on the following specific point: 1. Brewpub licensing The Speaker had previously granted the limited powers of free conference as requested (page 3767). HB 246 A message dated May 15, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 246(JUD) "An Act relating to regulation of a person providing insurance for the cost of medical care, to confidentiality of insurance records, to insurance hearings, to insurance fees, to annual and quarterly statements by insurers, to managed care insurance, to taxes on insurance, to insurer certificates of authority, to risk based capital for insurers, to unauthorized and nonadmitted insurers, to surplus lines insurance, to health insurance, to life insurance, to annuity insurance, to consumer credit insurance, to insurer liquidation, to multiple employer welfare arrangements, to the Alaska Insurance Guaranty Association, to hospital and medical service corporations, and to regulation of insurance producers, agents, brokers, managers, and adjusters; and providing for an effective date." with the following amendment and it is transmitted for consideration: 2002-05-16 House Journal Page 3803 SENATE CS FOR CS FOR HOUSE BILL NO. 246(JUD) "An Act relating to regulation of a person providing insurance for the cost of medical care, to confidentiality of insurance records, to insurance hearings, to insurance fees, to annual and quarterly statements by insurers, to managed care insurance, to taxes on insurance, to insurer certificates of authority, to risk based capital for insurers, to unauthorized and nonadmitted insurers, to surplus lines insurance, to health insurance, to life insurance, to annuity insurance, to consumer credit insurance, to insurer liquidation, to multiple employer welfare arrangements, to title insurance, to the Alaska Insurance Guaranty Association, to hospital and medical service corporations, and to regulation of insurance producers, agents, brokers, managers, and adjusters; and providing for an effective date." (SCR 42 - title change resolution) CSHB 246(JUD) is under Unfinished Business. SB 324 A message dated May 16, 2002, was read stating the Senate has requested the immediate transmittal of the following: 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." SB 115 A message dated May 15, 2002, was read stating the President has requested the following be returned: HOUSE CS FOR SENATE BILL NO. 115(RLS) am H "An Act relating to the Board of Marital and Family Therapy and the practitioners of marital and family therapy; extending the termination date of the Board of Storage Tank Assistance; setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2004; relating to an 2002-05-16 House Journal Page 3804 exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." and SENATE BILL NO. 115 "An Act extending the termination date of the Board of Storage Tank Assistance." HCS SB 115(RLS) am H and SB 115 were returned. SB 191 A message dated May 15, 2002, was read stating the President has requested the following be returned: 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." and CS FOR SENATE BILL NO. 191(JUD) "An Act relating to insurance pooling by air carriers." CSSB 191 (JUD) am H and CSSB 191(JUD) were returned. HCR 31 A message dated May 15, 2002, was read stating the Senate failed the following: HOUSE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 115, relating to the Board of Storage Tank Assistance. HCR 31(fld S) was returned to the Chief Clerk for permanent filing. 2002-05-16 House Journal Page 3805 SB 115 A message dated May 15, 2002, was read stating the Senate failed HCR 31, and therefore, could not consider HCS SB 115(RLS) am H, and respectfully requests the House to recede from its amendments to: SENATE BILL NO. 115 "An Act extending the termination date of the Board of Storage Tank Assistance." namely: HOUSE CS FOR SENATE BILL NO. 115(RLS) am H "An Act relating to the Board of Marital and Family Therapy and the practitioners of marital and family therapy; extending the termination date of the Board of Storage Tank Assistance; setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2004; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." HCS SB 115(RLS) am H is under Unfinished Business. HCR 32 A message dated May 15, 2002, was read stating the Senate failed the following: 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. HCR 32(fld S) was returned to the Chief Clerk for permanent filing. SB 191 A message dated May 15, 2002, was read stating the Senate failed HCR 32, and therefore, could not consider CSSB 191(JUD) am H, and respectfully requests the House to recede from its amendments to: 2002-05-16 House Journal Page 3806 CS FOR SENATE BILL NO. 191(JUD) "An Act relating to insurance pooling by air carriers." namely: 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." CSSB 191(JUD) am H is under Unfinished Business. SB 268 A message dated May 15, 2002, was read stating the Senate has failed to concur in the House amendment to SB 268, namely: SENATE BILL NO. 268 am H "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." and respectfully requests the House to recede from its amendment. SB 268 am H is under Unfinished Business. INTRODUCTION OF CITATIONS The following citations were introduced and taken up later in the Second Special Session: Honoring - Specialist Anthony Miller By Representative Coghill Honoring - Ward Sattler By Representative Kerttula 2002-05-16 House Journal Page 3807 In Memoriam - Raymond R. Kohler By Representative Coghill In Memoriam - Sophie M. Bradley By Representative Coghill In Memoriam - Clara A. Gordon By Representative Coghill In Memoriam - Cynthia R. Jordan By Representative Coghill In Memoriam - William Arthur Barnes, Jr. By Representative Cissna In Memoriam - Barbara Irene Angle By Representative Berkowitz In Memoriam - Vicky Lynn Hagemeyer Dreyer By Representative Berkowitz CONCUR IN SENATE AMENDMENTS HB 246 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3802) on the following at this time: CS FOR HOUSE BILL NO. 246(JUD) "An Act relating to regulation of a person providing insurance for the cost of medical care, to confidentiality of insurance records, to insurance hearings, to insurance fees, to annual and quarterly statements by insurers, to managed care insurance, to taxes on insurance, to insurer certificates of authority, to risk based capital for insurers, to unauthorized and nonadmitted insurers, to surplus lines insurance, to health insurance, to life insurance, to annuity insurance, to consumer credit insurance, to insurer liquidation, to multiple employer welfare arrangements, to the Alaska Insurance Guaranty Association, to hospital and medical service 2002-05-16 House Journal Page 3808 corporations, and to regulation of insurance producers, agents, brokers, managers, and adjusters; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 246(JUD) "An Act relating to regulation of a person providing insurance for the cost of medical care, to confidentiality of insurance records, to insurance hearings, to insurance fees, to annual and quarterly statements by insurers, to managed care insurance, to taxes on insurance, to insurer certificates of authority, to risk based capital for insurers, to unauthorized and nonadmitted insurers, to surplus lines insurance, to health insurance, to life insurance, to annuity insurance, to consumer credit insurance, to insurer liquidation, to multiple employer welfare arrangements, to title insurance, to the Alaska Insurance Guaranty Association, to hospital and medical service corporations, and to regulation of insurance producers, agents, brokers, managers, and adjusters; and providing for an effective date." (SCR 42- title change resolution) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 246(JUD), thus adopting SCS CSHB 246(JUD), and recommended that the members vote yes. **The presence of Representative Davies was noted. Representative Bunde rose to a point of order. The Speaker advised the other member to redirect the discussion. **The presence of Representatives Berkowitz and Croft was noted. Representatives Lancaster, Mulder, Rokeberg, and Williams 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. 2002-05-16 House Journal Page 3809 The question being: "Shall the House concur in the Senate amendment to CSHB 246(JUD)?" The roll was taken with the following result: SCS CSHB 246(JUD) Concur YEAS: 27 NAYS: 12 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Wilson Nays: Dyson, Fate, Hayes, Kohring, Kookesh, Lancaster, Masek, Rokeberg, Scalzi, Stevens, Whitaker, Williams Absent: Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 246(JUD). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 246(JUD) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 42 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. 42 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 246, relating to insurance. There being no objection, it was so ordered. 2002-05-16 House Journal Page 3810 The question being: "Shall SCR 42 pass the House?" The roll was taken with the following result: SCR 42 Special Order of Business YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Rokeberg Absent: Ogan And so, SCR 42 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS HB 533 Representative Wilson moved and asked unanimous consent to change her recommendation from "Do Pass" to "Do Not Pass" on the State Affairs Committee report (page 3461) for the following: HOUSE BILL NO. 533 "An Act relating to public building projects of the Alaska Housing Finance Corporation, authorizing the financing by the Alaska Housing Finance Corporation of a building in Anchorage for office space for state, federal, and municipal agencies and subdivisions; and providing for an effective date." There being no objection, it was so ordered. The Speaker stated that, without objection, the House would recess for a Majority Caucus and a Minority Caucus; and so, the House recessed at 12:18 p.m. 2002-05-16 House Journal Page 3811 AFTER RECESS The Speaker called the House back to order at 5:01 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 296 A message dated May 16, 2002, was read stating the Senate has passed CSHB 296(CRA) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 296(JUD) "An Act relating to mergers and consolidations of municipalities." CSHB 296(CRA) is under Unfinished Business. HB 332 A message dated May 16, 2002, was read stating the Senate has passed CSHB 332(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 332(FIN) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; relating to the council's duties; placing the executive director and staff of the council in the exempt service; and providing for an effective date." CSHB 332(FIN) is under Unfinished Business. HB 393 A message dated May 16, 2002, was read stating the Senate has passed CSHB 393(JUD) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 393(L&C) "An Act relating to unfair and deceptive trade practices and to the sale of business opportunities; amending Rules 4 and 73, Alaska Rules of Civil Procedure; and providing for an effective date." 2002-05-16 House Journal Page 3812 CSHB 393(JUD) am is under Unfinished Business. HB 397 A message dated May 16, 2002, was read stating the Senate has passed CSHB 397(STA) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 397(TRA) "An Act exempting a person driving certain motor vehicles, aircraft, or watercraft from driver licensing requirements; and providing for an effective date." CSHB 397(STA) is under Unfinished Business. HB 421 A message dated May 16, 2002, was read stating the Senate has passed CSHB 421(RES)(title am) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 421(FIN) "An Act relating to requiring the Department of Natural Resources to develop and maintain a standardized procedure for processing applications and issuing permits, authorizations, and certifications under the Alaska Water Use Act and to make a record of those items and amendments and orders affecting them available on the Internet." CSHB 421(RES)(title am) is under Unfinished Business. HB 515 A message dated May 16, 2002, was read stating the Senate has passed CSHB 515(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 515(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska and by the judicial branch of state government from the state operating budget for the fiscal year ending June 30, 2003; and providing for an effective date." 2002-05-16 House Journal Page 3813 CSHB 515(FIN) am is under Unfinished Business. HB 521 A message dated May 16, 2002, was read stating the Senate has passed CSHB 521(CRA) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 521(FIN) "An Act relating to municipal improvement areas." CSHB 521(CRA) is under Unfinished Business. A message dated May 16, 2002, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 46 SENATE CONCURRENT RESOLUTION NO. 46 by the Senate Rules Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 451, relating to reimbursement of municipal bonds for schools. was read the first time. RECEDE FROM HOUSE AMENDMENTS SB 115 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3805) on the following at this time: 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 2002-05-16 House Journal Page 3814 termination date of the Board of Storage Tank Assistance; setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2004; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." (HCR 31 - title change resolution) and SENATE BILL NO. 115 "An Act extending the termination date of the Board of Storage Tank Assistance." There being no objection, it was so ordered. Representative James moved that the House recede from its amendment to SB 115, namely HCS SB 115(RLS) am H. Representative Guess moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Guess was required to vote. The question being: "Shall the House recede from its amendment to SB 115?" The roll was taken with the following result: HCS SB 115(RLS) am H Recede YEAS: 25 NAYS: 8 EXCUSED: 0 ABSENT: 7 Yeas: Bunde, Chenault, Coghill, Croft, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kohring, Kott, Lancaster, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker Nays: Berkowitz, Cissna, Crawford, Dyson, Joule, Kerttula, Masek, Wilson Absent: Davies, Kookesh, McGuire, Moses, Mulder, Ogan, Williams 2002-05-16 House Journal Page 3815 And so, the House receded from its amendment, thus adopting SB 115. SB 115 was signed by the Speaker and Chief Clerk and returned to the Senate. SB 268 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3806) on the following at this time: SENATE BILL NO. 268 am H "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." and SENATE BILL NO. 268 (same title) There being no objection, it was so ordered. Representative James moved that the House recede from its amendment to SB 268, namely SB 268 am H. The question being: "Shall the House recede from its amendment to SB 268?" The roll was taken with the following result: SB 268 am H Recede YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Davies, McGuire, Moses, Mulder, Ogan And so, the House receded from its amendment, thus adopting SB 268. 2002-05-16 House Journal Page 3816 SB 268 was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 332 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3811) on the following at this time: CS FOR HOUSE BILL NO. 332(FIN) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; relating to the council's duties; placing the executive director and staff of the council in the exempt service; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 332(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 332(FIN), thus adopting SCS CSHB 332(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 332(FIN)?" The roll was taken with the following result: SCS CSHB 332(FIN) Concur YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Cissna, Davies, McGuire, Moses, Ogan 2002-05-16 House Journal Page 3817 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 332(FIN). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 332(FIN) was referred to the Chief Clerk for enrollment. HB 393 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3811) on the following at this time: CS FOR HOUSE BILL NO. 393(JUD) am "An Act relating to unfair and deceptive trade practices and to the sale of business opportunities; amending Rules 4 and 73, Alaska Rules of Civil Procedure; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 393(L&C) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 393(JUD) am, thus adopting SCS CSHB 393(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 393(JUD) am?" The roll was taken with the following result: SCS CSHB 393(L&C) Concur YEAS: 27 NAYS: 7 EXCUSED: 0 ABSENT: 6 2002-05-16 House Journal Page 3818 Yeas: Bunde, Chenault, Coghill, Croft, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Crawford, Guess, Joule, Kapsner, Kerttula, Kookesh Absent: Cissna, Davies, McGuire, Moses, Mulder, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 393(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. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 393(L&C) was referred to the Chief Clerk for enrollment. HB 296 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3811) on the following at this time: CS FOR HOUSE BILL NO. 296(CRA) "An Act relating to mergers and consolidations of municipalities." and SENATE CS FOR CS FOR HOUSE BILL NO. 296(JUD) (same title) There being no objection, it was so ordered. 2002-05-16 House Journal Page 3819 Representative James moved that the House concur in the Senate amendment to CSHB 296(CRA), thus adopting SCS CSHB 296(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 296(CRA)?" The roll was taken with the following result: SCS CSHB 296(JUD) Concur YEAS: 32 NAYS: 3 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Fate, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Crawford, Guess, Kerttula Absent: Foster, McGuire, Moses, Mulder, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 296(JUD). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 296(JUD) was referred to the Chief Clerk for enrollment. HB 397 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3812) on the following at this time: CS FOR HOUSE BILL NO. 397(STA) "An Act exempting a person driving certain motor vehicles, aircraft, or watercraft from driver licensing requirements; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 397(TRA) (same title) 2002-05-16 House Journal Page 3820 There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 397(STA), thus adopting SCS CSHB 397(TRA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 397(STA)?" The roll was taken with the following result: SCS CSHB 397(TRA) Concur YEAS: 27 NAYS: 9 EXCUSED: 0 ABSENT: 4 Yeas: Bunde, Chenault, Coghill, Crawford, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Croft, Davies, Halcro, Joule, Kapsner, Kerttula, Kookesh Absent: McGuire, Moses, Mulder, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 397(TRA). 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 397(TRA) was referred to the Chief Clerk for enrollment. HB 421 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3812) on the following at this time: CS FOR HOUSE BILL NO. 421(RES)(title am) "An Act relating to requiring the Department of Natural Resources 2002-05-16 House Journal Page 3821 to develop and maintain a standardized procedure for processing applications and issuing permits, authorizations, and certifications under the Alaska Water Use Act and to make a record of those items and amendments and orders affecting them available on the Internet." and SENATE CS FOR CS FOR HOUSE BILL NO. 421(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 421(RES)(title am), thus adopting SCS CSHB 421(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 421(RES)(title am)?" The roll was taken with the following result: SCS CSHB 421(FIN) Concur YEAS: 36 NAYS: 2 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Cissna, Guess Absent: Moses, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 421(FIN). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 421(FIN) was referred to the Chief Clerk for enrollment. 2002-05-16 House Journal Page 3822 HB 515 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3812) on the following at this time: CS FOR HOUSE BILL NO. 515(FIN) am "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska and by the judicial branch of state government from the state operating budget for the fiscal year ending June 30, 2003; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 515(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 515(FIN) am, thus adopting SCS CSHB 515(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 515(FIN) am?" The roll was taken with the following result: SCS CSHB 515(FIN) Concur YEAS: 31 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Chenault, Coghill, Davies, Dyson, Fate, Foster, Green, Guess, 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, Kapsner, Kerttula, Kookesh Absent: Moses, Ogan 2002-05-16 House Journal Page 3823 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 515(FIN). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 515(FIN) was referred to the Chief Clerk for enrollment. HB 521 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3813) on the following at this time: CS FOR HOUSE BILL NO. 521(CRA) "An Act relating to municipal improvement areas." and SENATE CS FOR CS FOR HOUSE BILL NO. 521(FIN) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 521(CRA), thus adopting SCS CSHB 521(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 521(CRA)?" The roll was taken with the following result: SCS CSHB 521(FIN) Concur YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 2002-05-16 House Journal Page 3824 Yeas: Berkowitz, 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, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Kapsner, Moses, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 521(FIN). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 521(FIN) was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 5:23 p.m. AFTER RECESS The Speaker called the House back to order at 9:59 p.m. **The presence of Representative Ogan was noted. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 182 A message dated May 16, 2002, was read stating the Senate has passed CSHB 182(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 182(L&C) "An Act relating to certain vehicles, including motorcycles and trailers; relating to the registration, bonding, and other regulation of motor vehicle dealers; relating to the registration and other regulation of certain motor vehicle buyers' agents; relating to acts and transactions involving vehicles, including trailers, and to the acts and practices of certain persons and entities involved in 2002-05-16 House Journal Page 3825 vehicle transactions, including trailer transactions; relating to consumer protection for used vehicle buyers; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." CSHB 182(FIN) am is under Unfinished Business. HB 300 A message dated May 16, 2002, was read stating the Senate has passed HB 300 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 300(STA) "An Act relating to the procurement of certain travel services." HB 300 is under Unfinished Business. HB 350 A message dated May 16, 2002, was read stating the Senate has passed CSHB 350(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD) "An Act relating to murder, conspiracy, criminal mischief, and terroristic threatening; and providing for an effective date." CSHB 350(FIN) am is under Unfinished Business. CONCUR IN SENATE AMENDMENTS HB 182 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3824) on the following at this time: CS FOR HOUSE BILL NO. 182(FIN) am "An Act relating to certain vehicles, including motorcycles and trailers; relating to the registration, bonding, and other regulation of motor vehicle dealers; relating to the registration and other regulation of certain motor vehicle buyers' agents; relating to acts 2002-05-16 House Journal Page 3826 and transactions involving vehicles, including trailers, and to the acts and practices of certain persons and entities involved in vehicle transactions, including trailer transactions; relating to consumer protection for used vehicle buyers; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 182(L&C) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 182(FIN) am, thus adopting SCS CSHB 182(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 182(FIN) am?" The roll was taken with the following result: SCS CSHB 182(L&C) Concur YEAS: 29 NAYS: 0 EXCUSED: 0 ABSENT: 11 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Joule, Kapsner, Kerttula, Kookesh, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 182(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. 2002-05-16 House Journal Page 3827 Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 182(L&C) was referred to the Chief Clerk for enrollment. HB 300 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3825) on the following at this time: HOUSE BILL NO. 300 "An Act relating to the procurement of certain travel services." and SENATE CS FOR HOUSE BILL NO. 300(STA) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to HB 300, thus adopting SCS HB 300(STA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 300?" The roll was taken with the following result: SCS HB 300(STA) Concur YEAS: 27 NAYS: 0 EXCUSED: 0 ABSENT: 13 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Joule, Kapsner, Kerttula, Kookesh, Moses, Mulder, Ogan 2002-05-16 House Journal Page 3828 And so, the House concurred in the Senate amendment, thus adopting SCS HB 300(STA). The Chief Clerk was instructed to so notify the Senate. SCS HB 300(STA) was referred to the Chief Clerk for enrollment. HB 350 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3825) on the following at this time: CS FOR HOUSE BILL NO. 350(FIN) am "An Act relating to murder, conspiracy, criminal mischief, and terroristic threatening; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD) (same title) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 350(FIN) am, thus adopting SCS CSHB 350(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 350(FIN) am?" The roll was taken with the following result: SCS CSHB 350(JUD) Concur YEAS: 27 NAYS: 0 EXCUSED: 0 ABSENT: 13 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-05-16 House Journal Page 3829 Absent: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Joule, Kapsner, Kerttula, Kookesh, Moses, Mulder, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 350(JUD). Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 350(JUD) was referred to the Chief Clerk for enrollment. RECEDE FROM HOUSE AMENDMENTS SB 180 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3783) on the following at this time: HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) "An Act implementing pay differentials based on geographic areas for certain state employees and for members of the Alaska State Defense Force; relating to cost-of-living differentials for state aid to municipalities." and CS FOR SENATE BILL NO. 180(FIN)(efd fld) (same title) There being no objection, it was so ordered. Representative James moved that the House recede from its amendment to CSSB 180(FIN)(efd fld), namely HCS CSSB 180(FIN), and recommended that the members vote yes. The question being: "Shall the House recede from its amendment to CSSB 180(FIN)(efd fld)?" The roll was taken with the following result: 2002-05-16 House Journal Page 3830 HCS CSSB 180(FIN) Recede YEAS: 23 NAYS: 14 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris, Hudson, James, Kott, Masek, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Cissna, Crawford, Croft, Davies, Guess, Halcro, Hayes, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lancaster, McGuire Absent: Berkowitz, Moses, Ogan Kott changed from "Nay" to "Yea". James changed from "Nay" to "Yea". And so, the House receded from its amendment, thus adopting CSSB 180(FIN)(efd fld). CSSB 180(FIN)(efd fld) was signed by the Speaker and Chief Clerk and returned to the Senate. The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 10:30 p.m. AFTER RECESS The Speaker called the House back to order at 11:45 p.m. Without objection, the House reverted to: MESSAGES FROM THE SENATE HB 389 A message dated May 16, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 389(CRA) "An Act eliminating the delayed repeal of a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property; and providing for an effective date." 2002-05-16 House Journal Page 3831 with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 389(RLS) "An Act changing the date of repeal of a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property; and providing for an effective date." (SCR 38 - title change resolution) CSHB 389(CRA) is under Unfinished Business. HB 525 A message dated May 16, 2002, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 525(FIN) am "An Act relating to the issuance of general obligation bonds for the purpose of paying the cost of deferred maintenance of public facilities; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 525(FIN) am S "An Act providing for and relating to the issuance of state guaranteed transportation revenue anticipation bonds in a principal amount of not more than $102,805,000 for the purpose of paying the cost of transportation projects that qualify for federal highway aid and the allocation of those bond proceeds; relating to the issuance of general obligation bonds in a principal amount of not more than $123,914,500 for the purpose of paying the cost of state transportation projects; and providing for an effective date." (SCR 43 - title change authorization) CSHB 525(FIN) am is under Unfinished Business. 2002-05-16 House Journal Page 3832 HB 528 A message dated May 16, 2002, was read stating the Senate has passed CSHB 528(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 528(FIN) am S "An Act relating to programs of state reimbursement for debt payments for certain capital projects; and providing for an effective date." CSHB 528(FIN) is under Unfinished Business. A message dated May 16, 2002, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 38 SENATE CONCURRENT RESOLUTION NO. 38 by the Senate Rules Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 389, relating to a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property. was read the first time and taken up later as a Special Order of Business. CONCUR IN SENATE AMENDMENTS HB 525 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3831) on the following at this time: 2002-05-16 House Journal Page 3833 CS FOR HOUSE BILL NO. 525(FIN) am "An Act relating to the issuance of general obligation bonds for the purpose of paying the cost of deferred maintenance of public facilities; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 525(FIN) am S "An Act providing for and relating to the issuance of state guaranteed transportation revenue anticipation bonds in a principal amount of not more than $102,805,000 for the purpose of paying the cost of transportation projects that qualify for federal highway aid and the allocation of those bond proceeds; relating to the issuance of general obligation bonds in a principal amount of not more than $123,914,500 for the purpose of paying the cost of state transportation projects; and providing for an effective date." (SCR 43 - title change resolution) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 525(FIN) am, thus adopting SCS CSHB 525(FIN) am S, and recommended that the members vote yes. Representative Croft placed a call of the House. The call was satisfied. The question being: "Shall the House concur in the Senate amendment to CSHB 525(FIN) am?" The roll was taken with the following result: SCS CSHB 525(FIN) am S Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2002-05-16 House Journal Page 3834 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 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 525(FIN) 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. SCS CSHB 525(FIN) am S was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 43 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. 43 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 525, relating to the issuance of general obligation bonds for deferred maintenance. There being no objection, it was so ordered. The question being: "Shall SCR 43 pass the House?" The roll was taken with the following result: SCR 43 Special Order of Business YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2002-05-16 House Journal Page 3835 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 And so, SCR 43 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 528 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3832) on the following at this time: CS FOR HOUSE BILL NO. 528(FIN) "An Act relating to programs of state reimbursement for debt payments for certain capital projects; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 528(FIN) 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 528(FIN), thus adopting SCS CSHB 528(FIN) am S and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 528(FIN)?" The roll was taken with the following result: SCS CSHB 528(FIN) am S Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2002-05-16 House Journal Page 3836 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 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 528(FIN) 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. SCS CSHB 528(FIN) am S was referred to the Chief Clerk for enrollment. HB 389 Representative James moved and asked unanimous consent that the House consider the Senate message (page 3830) on the following at this time: CS FOR HOUSE BILL NO. 389(CRA) "An Act eliminating the delayed repeal of a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 389(RLS) "An Act changing the date of repeal of a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property; and providing for an effective date." (SCR 38 - title change resolution) 2002-05-16 House Journal Page 3837 There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to CSHB 389(CRA), thus adopting SCS CSHB 389(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 389(CRA)?" The roll was taken with the following result: SCS CSHB 389(RLS) Concur 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 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 389(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 CSHB 389(RLS) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 38 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. 38 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of 2002-05-16 House Journal Page 3838 the Alaska State Legislature, concerning House Bill No. 389, relating to a provision authorizing an exemption from and deferral of municipal property taxes on certain types of deteriorated property. There being no objection, it was so ordered. The question being: "Shall SCR 38 pass the House?" The roll was taken with the following result: SCR 38 Special Order of Business 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 And so, SCR 38 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. Representative Kerttula moved and asked unanimous consent that the citation, Honoring - Representative William Hudson, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Kerttula moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Kerttula moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: 2002-05-16 House Journal Page 3839 Honoring - Representative William Hudson By Representatives Kerttula, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Representative Dyson moved and asked unanimous consent that the citation, Honoring - Representative Joe Green, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Dyson moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Dyson moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Representative Joe Green By Representatives Dyson, Kerttula, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson CONSIDERATION OF THE DAILY CALENDAR SENATE BILLS IN THIRD READING SB 247 The following, which was on today's calendar, was not taken up: HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) am H "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." 2002-05-16 House Journal Page 3840 LEGISLATIVE CITATIONS The following citations on today's calendar were taken up later in the Second Special Session: Honoring - Tara Jollie By Representatives Kapsner, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Palmer Xtreme Sports, 2001 Matanuska Youth Football Association Region Champions By Representatives Kohring, Ogan, Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson; Senators Halford, Green Honoring - Wasilla High School Girls Basketball Team, Region III 4A Champions By Representatives Kohring, Ogan, Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson; Senators Halford, Green Honoring - Wasilla High School Boys Varsity Basketball Team Region III 4A Champions By Representatives Kohring, Ogan, Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson; Senators Halford, Green 2002-05-16 House Journal Page 3841 Honoring - Bethel Army Junior Reserve Officer Training Corp By Representatives Kapsner, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson; Senator Hoffman Honoring - Ron Reihl By Representatives Whitaker, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Kluane Albert, Best Anti-Drinking Poster By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Martin Buser By Senator Green; Representatives Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Steve Ginnis, Past President - Tanana Chiefs Conference, Inc. By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2002-05-16 House Journal Page 3842 Honoring - Jay Nolfi By Senator Green; Representatives Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Jerry and Connie Pinkerton By Senator Green; Representatives Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Lisa Stewart By Senator Green; Representatives Ogan, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens, Williams, Wilson Honoring - Holy Resurrection Orthodox Church on Becoming a Cathedral By Senator Austerman; Representatives Stevens, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Williams, Wilson Honoring - 10th Anniversary of "Paint Fairview" By Senator Ellis; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2002-05-16 House Journal Page 3843 Commemorating - The Contributions by Asian/Pacific Americans to Alaska in Conjunction with Asian/Pacific American Heritage Month By Senator Austerman; Representatives Stevens, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Williams, Wilson In Memoriam - Kenneth Russell Hughes and Vivian Vose Hughes By Representatives Kohring, Ogan, Masek, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senators Halford, Green In Memoriam - Kerwin Melarvie By Representatives Berkowitz, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Janie Edna Olsen By Representatives Berkowitz, Porter, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Magdeline Omaliaq Tikik By Representatives Joule, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson 2002-05-16 House Journal Page 3844 In Memoriam - Charles M. Warbelow By Representatives Morgan, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Lincoln In Memoriam - Charles Alexander Wulf, III By Representatives Morgan, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson; Senator Lincoln In Memoriam - Kore Seth Yoder By Representatives Morgan, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Jerry Wayne Barnes By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Frederick L. Jordan By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson 2002-05-16 House Journal Page 3845 In Memoriam - John Martin Pursell By Senators Leman, Olson; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Decema Kimball Andresen Slawson, An Alaska Pioneer By Senator Leman; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Isabel Svoboda By Senator Kelly; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Douglas Walker By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson Honoring - William "Cubby" Guy and Wassillie Neketa for Heroism By Representatives Kapsner, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Stevens, Williams, Wilson 2002-05-16 House Journal Page 3846 Honoring - The Fairbanks Branch of the National Association for the Advancement of Colored People 50th Anniversary By Representatives Hayes, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Stevens, Whitaker, Williams, Wilson Honoring - First Battalion (Scout) 297th Infantry, Alaska Army National Guard, Kotzebue By Representatives Joule, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Stevens, Williams, Wilson; Senator Olson Honoring - Safe Harbor Inn By Representatives Guess, Porter, Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Dyson, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Stevens, Williams, Wilson Honoring - Team Alaska, 2002 Arctic Winter Games, Senate District L Ulu Winners By Senators Phillips, Olson; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Stevens, Williams, Wilson Honoring - Wesley Tyrrell, Winner "Name the Ferry" Contest By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Stevens, Williams, Wilson 2002-05-16 House Journal Page 3847 Honoring - Valdez City Schools Native Youth Olympic Team By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Stevens, Williams, Wilson In Memoriam - Margerite Elsie Jackson, "Aiyanguq" By Representatives Kapsner, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Sally Bailie By Representatives Chenault, Porter, Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Christopher Ray Richards By Representatives Morgan, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Mulder, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - Morris Orlando Ewan By Senator Lincoln; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Rokeberg, Scalzi, Stevens, Williams, Wilson HB 350 Representative Meyer added his name as cosponsor to: SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD) "An Act relating to murder, conspiracy, criminal mischief, and terroristic threatening; and providing for an effective date." 2002-05-16 House Journal Page 3848 SB 324 The following was transmitted to the Senate: 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." ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon adj., 5/16 ADJOURNMENT Representatives Green and Hudson moved and asked unanimous consent that the House adjourn sine die. There being no objection, the House of Representatives of the Twenty-Second Legislature adjourned sine die at 11:58 p.m. Suzi Lowell Chief Clerk