Legislature(1999 - 2000)
1999-05-04 Senate Journal
Full Journal pdf1999-05-04 Senate Journal Page 1233 SB 133 SENATE BILL NO. 133 An Act creating and providing for the Alaska Energy Conservation Commission and transferring to it the powers and duties of the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation Commission; repealing the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation Commission; relating to regulation of waste collection and disposal; relating to the powers of the chair of the Alaska Energy Conservation Commission; relating to the appellate procedures of the Alaska Energy Conservation Commission; and providing for an effective date, which had been placed at the bottom of the calendar, was read the second time. President Pearce requested that Senator Mackie serve as President pro tempore. Senator Pearce called the Senate. The call was satisfied. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 1222. Without objection, CS FOR SENATE BILL NO. 133(RLS) An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities Commission; repealing the Alaska Public Utilities Commission; relating to the powers of the chair of the Regulatory Commission of Alaska; relating to regulatory cost charges for public utilities; relating to the appellate procedures of the Regulatory Commission of Alaska; and providing for an effective date was adopted and read the second time. Amendment No. 1 was not offered. Senator Donley offered Amendment No. 2 : 1999-05-04 Senate Journal Page 1234 SB 133 Page 4, lines 22 - 26: Delete all material. Page 5, lines 12 - 23: Delete all material. Page 11, line 9: Delete "42.05.123," Senator Donley moved for the adoption of Amendment No. 2. Senator Pearce objected. Senator Wilken moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Wilken was required to vote. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 133(RLS) Second Reading Amendment No. 2 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Kelly Pete, Kelly Tim, Leman, Parnell Nays: Adams, Ellis, Elton, Green, Halford, Hoffman, Mackie, Miller, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 2 failed. Senator Donley offered Amendment No. 3 : 1999-05-04 Senate Journal Page 1235 SB 133 Page 4, lines 24 - 26: Delete "when the chair believes that (1) the matter has major public policy implications; or (2) the financial interest of the public is at stake and the parties to the matter will not adequately represent the public interest" Insert "as necessary to represent the public interest" Page 5, line 23, following ".": Insert "The public advocacy section shall include sufficient employees with expertise to represent the public interest in all proceedings in which the chair directs the section to participate." Senator Donley moved for the adoption of Amendment No. 3. Senator Pearce objected. Senator Pearce moved and asked unanimous consent that Amendment No. 3 be divided as follows: Amendment No. 3a: Page 4, lines 24 - 26: Delete "when the chair believes that (1) the matter has major public policy implications; or (2) the financial interest of the public is at stake and the parties to the matter will not adequately represent the public interest" Insert "as necessary to represent the public interest" Amendment No. 3b: Page 5, line 23, following ".": Insert "The public advocacy section shall include sufficient employees with expertise to represent the public interest in all proceedings in which the chair directs the section to participate." Without objection, Amendment 3 was divided. 1999-05-04 Senate Journal Page 1236 SB 133 Senator Donley moved for the adoption of Amendment No. 3a. The question being: Shall Amendment No. 3a be adopted? The roll was taken with the following result: CSSB 133(RLS) Second Reading Amendment No. 3a YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Kelly Pete, Kelly Tim, Leman, Miller, Parnell Nays: Adams, Ellis, Elton, Green, Halford, Hoffman, Mackie, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 3a failed. Senator Donley moved for the adoption of Amendment No. 3b. Objections were heard. The question being: Shall Amendment No. 3b be adopted? The roll was taken with the following result: CSSB 133(RLS) Second Reading Amendment No. 3b YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Ellis, Elton, Kelly Pete, Leman, Miller, Parnell, Wilken Nays: Adams, Green, Halford, Hoffman, Kelly Tim, Mackie, Pearce, Phillips, Taylor, Torgerson, Ward Excused: Lincoln and so, Amendment No. 3b failed. 1999-05-04 Senate Journal Page 1237 SB 133 Senator Pearce offered Amendment No. 4 : Page 3, lines 10 - 11: Delete all material Insert: (b) The commission may, subject to the approval of the Attorney General, contract for the services of specialized legal counsel or legal consultants. Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. Senator Halford, moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 133(RLS) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 133(RLS) am An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities Commission; repealing the Alaska Public Utilities Commission; relating to the powers of the chair of the Regulatory Commission of Alaska; relating to regulatory cost charges for public utilities; relating to the appellate procedures of the Regulatory Commission of Alaska; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 133(RLS) am Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Ellis, Elton, Green, Halford, Hoffman, Kelly Tim, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Donley, Kelly Pete, Leman, Phillips Excused: Lincoln 1999-05-04 Senate Journal Page 1238 SB 133 and so, CS FOR SENATE BILL NO. 133(RLS) am passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Donley gave notice of reconsideration.