Legislature(2001 - 2002)
2001-05-03 House Journal
Full Journal pdf2001-05-03 House Journal Page 1512 SB 166 The following was read the second time: SENATE BILL NO. 166 "An Act relating to the time of filling by appointment a vacancy in the office of United States senator." with the: Journal Page JUD RPT 4DP 1DNP 1358 FN1: ZERO(GOV) 1358 Amendment No. 1 was offered by Representative Croft: Page 2, following line 3: Insert a new bill section to read: "* Sec. 2. AS 15.40.010 is amended by adding a new subsection to read: 2001-05-03 House Journal Page 1513 (b) The five-day waiting period in (a) of this section does not apply when the person who vacates the office of United States senator has been elected as governor." Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 166 Second Reading Amendment No. 1 YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, 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, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Chenault And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Croft: Page 1, line 2, following "senator" (title amendment): Insert ", and providing for an effective date" Page 2, following line 3: Insert a new bill section to read: "*Sec. 2. This Act takes effect July 1, 2003." Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kott objected. 2001-05-03 House Journal Page 1514 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SB 166 Second Reading Amendment No. 2 YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, 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, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Absent: Chenault And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Berkowitz: Page 1, line 1, following "filling" (title amendment): Delete "by appointment" Page 1, line 4, through page 2, line 3: Delete all material. Insert new bill sections to read: "* Section 1. AS 15.40.010 is amended to read: *Sec. 15.40.010. Condition [CONDITIONS] and time of calling special election [FILLING VACANCY BY APPOINTMENT]. When a vacancy occurs in the office of United States senator, the governor [, WITHIN 30 DAYS,] shall, by proclamation and subject to AS 15.40.050, call a special election to be held on a date not less than 60 nor more than 90 days after the date the vacancy occurs [APPOINT A QUALIFIED PERSON TO FILL THE VACANCY]. However, if the [REMAINDER OF THE TERM OF THE PREDECESSOR IN OFFICE WILL EXPIRE OR IF THE] vacancy occurs on a date that is less than 180 but more than 60 days before the date of the primary election for the office [WILL BE FILLED BY A SPECIAL ELECTION BEFORE THE SENATE WILL NEXT 2001-05-03 House Journal Page 1515 MEET, CONVENE, OR RECONVENE], the governor may not call a special election [FILL THE VACANCY]. * Sec. 2. AS 15.40.050 is amended to read: Sec. 15.40.050. Date of special election. The special election to fill the vacancy shall be held on the date of the first [GENERAL] election, whether primary or general, [WHICH IS HELD MORE THAN THREE FULL CALENDAR MONTHS] after the vacancy occurs if the vacancy occurs on a date that is less than 180 but more than 60 days before (1) a primary election, other than the primary election for the office; or (2) a general election. * Sec. 3. AS 15.40.060 is amended to read: Sec. 15.40.060. Proclamation of special election. The governor shall issue the proclamation calling the special election at least 50 [80] days before the election. * Sec. 4. AS 15.40 is amended by adding a new section to read: Sec. 15.40.075. Date of nominations. Candidates for the special election shall be nominated by petition transmitted to the director before the 21st day after the vacancy occurs by (1) the actual physical delivery of the petition in person; (2) mail postmarked not later than midnight of that date; or (3) telegram of a copy in substance of the statements made in the petition. * Sec. 5. AS 15.40.030, 15.40.040, 15.40.080, and 15.40.090 are repealed. * Sec. 6. This Act takes effect immediately under AS 01.10.070 (c)." Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 2001-05-03 House Journal Page 1516 SB 166 Second Reading Amendment No. 3 YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 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, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Absent: Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Berkowitz: Page 1, lines 9 - 13: Delete all material. Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SB 166 Second Reading Amendment No. 4 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses 2001-05-03 House Journal Page 1517 Nays: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson And so, Amendment No. 4 was not adopted. Representative James moved and asked unanimous consent that SB 166 be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that SB 166 will advance to third reading on the May 4, 2001, calendar.