Legislature(2001 - 2002)

2002-06-26 Senate Journal

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2002-06-26                     Senate Journal                      Page 3802
HB 3001                                                                                           
The question being: "Shall the Judiciary Senate Committee Substitute                                
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSHB 3001(FIN) am                                                                                   
Second Reading                                                                                      
Adopt Judiciary Senate Committee Substitute?                                                        
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Elton, Green, Halford, Hoffman,                                  
Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                               
                                                                                                    
Nays:  Davis, Ellis, Kelly, Lincoln, Olson                                                          
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 3001(JUD)                                               
"An Act relating to the powers and duties of the Regulatory                                         
Commission of Alaska, establishing a task force to inquire into the                                 
operation of the commission, and extending the termination date of the                              
commission to June 30, 2003; and providing for an effective date"                                   
(Title change authorized by SCR 301) was adopted and read the                                       
second time.                                                                                        
                                                                                                    

2002-06-26                     Senate Journal                      Page 3803
Senator Taylor offered Amendment No. 1 :                                                             
                                                                                                    
Page 2, lines 16-19:                                                                                
 Delete "Circumstances that might reasonably suggest to a third                                     
party that an ex parte contact had occurred, even if none was made,                                 
shall be considered an ex parte contact for purposes of (c) and (d) of                              
this section."                                                                                      
 Insert "In all activities, a member of a hearing panel shall avoid                                 
impropriety and the appearance of impropriety, and act in a manner                                  
that promotes public confidence in the integrity and the impartiality of                            
the hearing process."                                                                               
                                                                                                    
Page 5, line 28:                                                                                    
 Delete "all aspects of"                                                                            
                                                                                                    
Page 6, lines 11-12:                                                                                
 Delete "The task force shall have access to all information,                                       
including confidential information, in the custody of the commission."                              
 Insert "The task force shall have access to all information in the                                 
custody of the commission; however, information categorized as                                      
confidential shall be available to the task force only with the consent                             
of the submitter of the information."                                                               
                                                                                                    
Page 6, line 30, add:                                                                               
 "Sec. 11. AS 42.04.080(c), (d) and (e) added by sec. 2 of this Act,                              
and AS 42.04.090 added by sec. 3 of this Act are repealed on June 30,                               
2004."                                                                                              
                                                                                                    
Senator Taylor moved for the adoption of Amendment No. 1. Without                                   
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent to withdraw his                                     
motion. Without objection, it was so ordered.                                                       
                                                                                                    
Senators Halford, Taylor offered Amendment No. 2 :                                                   
                                                                                                    

2002-06-26                     Senate Journal                      Page 3804
Page 2, lines 3-19:                                                                                 
 Delete Section 2.                                                                                  
                                                                                                    
Page 3, line 19, insert new section:                                                                
 "(g) In all activities, a member of a hearing panel shall avoid                                    
impropriety and the appearance of impropriety, and act in a manner                                  
that promotes public confidence in the integrity and the impartiality of                            
the hearing process."                                                                               
                                                                                                    
Page 2, line 26:                                                                                    
 Delete sentence starting with "Members" through line 29.                                           
                                                                                                    
Insert:                                                                                             
 "Sec. 12. Section 1 of this Act takes effect January 15, 2003.                                   
                                                                                                    
Senator Taylor moved for the adoption of Amendment No. 2. Without                                   
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 3001(JUD) am S                                                                             
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 3001(JUD) am S will                                             
be on the June 27 calendar.