Legislature(1997 - 1998)

1998-04-16 House Journal

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1998-04-16                     House Journal                      Page 3019
SB 307                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 307 am                                                        
"An Act relating to conditions for filling vacancies in the office of         
United States senator; and providing for an effective date."                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT HCS(STA) 4DP 1NR                                         2707         
	ZERO FISCAL NOTE (GOV)                                           2708         
	SENATE ZERO FISCAL NOTE (GOV) 3/3/98                             2708         
	RLS RPT HCS(RLS) 4DP 1NR                                         2982         
	ZERO FISCAL NOTE (GOV) 3/23/98                                   2982         
	SENATE ZERO FISCAL NOTE (GOV) 3/3/98                             2982         
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR SENATE BILL NO. 307(RLS)                                         
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   

1998-04-16                     House Journal                      Page 3020
SB 307                                                                       
Amendment No. 1 was offered  by Representative Berkowitz:                       
                                                                               
Page 1, line 4, through page 4, line 1:                                        
	Delete all material and insert:                                               
   "* Section 1.  AS 15.40.010 is amended to read:                           
	Sec. 15.40.010.  Condition ¦CONDITIONSá and time of                       
calling special election ¦FILLING VACANCY BY                                 
APPOINTMENTá.  When a vacancy occurs in the office of                         
United States senator, the governor ¦, WITHIN 30 DAYS,á 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 VACANCYá.  However, if                            
the ¦REMAINDER OF THE TERM OF THE PREDECESSOR IN                               
OFFICE WILL EXPIRE OR IF THEá 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                                   
MEET, CONVENE, OR RECONVENEá, the governor may not                             
call a special election ¦FILL THE VACANCYá.                                
   * 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            
[GENERALá election, whether primary or general, ¦WHICH IS                  
HELD MORE THAN THREE FULL CALENDAR MONTHSá                                     
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 ¦80á 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                                                                             

1998-04-16                     House Journal                      Page 3021
SB 307                                                                       
		(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. 1 be adopted.                                                    
                                                                               
Representative Kott objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS SB 307(RLS)                                                                
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  26   EXCUSED:  0   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Nicholia                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin,             
Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault,             
Vezey, Williams                                                                
                                                                               
Absent:  Hanley, Sanders                                                       
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Croft:                           
                                                                               
Page 4, line 1:                                                                
	Delete all material.                                                          
	Insert a new bill section to read:                                            
"*Sec. 7  This Act is retroactive to November 6, 1964."                      
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    

1998-04-16                     House Journal                      Page 3022
SB 307                                                                       
Representative Kott  objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS SB 307(RLS)                                                                
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  8   NAYS:  32   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Berkowitz, Croft, Kemplen, Kookesh, Nicholia, Ogan, Sanders,            
Vezey                                                                          
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davies, Davis,                
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Martin, Masek,               
Moses, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams          
                                                                               
Barnes changed from "Yea" to "Nay".                                            
Cowdery changed from "Yea" to "Nay".                                           
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
Representative Porter moved and asked unanimous consent that HCS               
SB 307 (RLS) be considered engrossed, advanced to third reading and            
placed on final passage.                                                       
                                                                               
Representative Kubina objected.                                                
                                                                               
The Speaker stated that HCS SB 307(RLS) would be in third reading              
on tomorrow's calendar.