Legislature(1997 - 1998)
1998-04-16 House Journal
Full Journal pdf1998-04-16 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.