Legislature(2001 - 2002)
2001-04-30 House Journal
Full Journal pdf2001-04-30 House Journal Page 1403 HB 106 The following was read the second time: HOUSE BILL NO. 106 "An Act relating to the authorizations for state financial institutions; relating to confidential financial records of depositors and customers of certain financial institutions; relating to the Alaska Banking Code, Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska Credit Union Act; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 3DP 3NR 1AM 1229 FN1: ZERO(CED) 1230 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 106(L&C) "An Act relating to the authorizations for certain state financial institutions of certain powers and limitations; relating to confidential records of depositors and customers of certain financial institutions; relating to the Alaska Banking Code, Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska Credit Union Act; amending Rule 45, Alaska Rules of Civil Procedure, Rules 17 and 37, Alaska Rules of Criminal Procedure, and Rule 24, Alaska Bar Rules; and providing for an effective date." There being no objection, it was so ordered. 2001-04-30 House Journal Page 1404 Amendment No. 1 (title amendment) was offered by Representative Murkowski: Page 1, line 3: Following "institutions;" Insert "relating to the examination of certain institutions subject to AS 06;" Representative Murkowski moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 106(L&C)(title am) "An Act relating to the authorizations for certain state financial institutions of certain powers and limitations; relating to confidential records of depositors and customers of certain financial institutions; relating to the examination of certain institutions subject to AS 06;relating to the Alaska Banking Code, Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska Credit Union Act; amending Rule 45, Alaska Rules of Civil Procedure, Rules 17 and 37, Alaska Rules of Criminal Procedure, and Rule 24, Alaska Bar Rules; and providing for an effective date." Representative James moved and asked unanimous consent that CSHB 106(L&C)(title am) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 106(L&C)(title am) was read the third time. Representative McGuire moved and asked unanimous consent that CSHB 106(L&C)(title am) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. 2001-04-30 House Journal Page 1405 Amendment No. 2 was offered by Representative McGuire: Page 3, line 25: Delete "(A)" Delete "a" Insert "that" Page 3, line 26: Delete "or" Insert "and" Page 3, lines 27 - 28: Delete all material. Representative McGuire moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Halcro objected. The Speaker invoked Section 102 of Mason's Manual. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 106(L&C)(title am) Second Reading Amendment No. 2 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Joule, Kapsner, Kerttula, Kookesh, McGuire, Ogan, Whitaker Nays: Bunde, Chenault, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Excused: Masek 2001-04-30 House Journal Page 1406 Absent: Moses And so, Amendment No. 2 was not adopted. Representative Crawford moved and asked unanimous consent that CSHB 106(L&C)(title am) be returned to second reading for the specific purpose of considering Amendment No. 3. Representative James objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 3 was offered by Representative Crawford: Page 3, line 29: Insert a new paragraph to read: "(2) the financial institution that discloses the information under (B) of this section agrees to disclose only after such disclosure is authorized in writing by the consumer as in (a)(1) of this section." Renumber the following paragraph accordingly. Representative Crawford moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Murkowski objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 106(L&C)(title am) Second Reading Amendment No. 3 YEAS: 15 NAYS: 22 EXCUSED: 1 ABSENT: 2 2001-04-30 House Journal Page 1407 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Hudson, Joule, Kapsner, Kerttula, Kohring, Kookesh, McGuire, Ogan Nays: Bunde, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, James, Kott, Lancaster, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Masek Absent: Chenault, Moses And so, Amendment No. 3 was not adopted. Representative Berkowitz moved and asked unanimous consent that CSHB 106(L&C)(title am) be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Berkowitz: Page 3, line 31: Delete "intentionally" Page 4, line 1: Delete "actual" Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Rokeberg objected. Representative Ogan moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. There being no objection, Amendment No. 4 was divided. 2001-04-30 House Journal Page 1408 Amendment No. 4 - Part A: Page 3, line 31: Delete "intentionally" The question being: "Shall Amendment No. 4 - Part A be adopted?" The roll was taken with the following result: CSHB 106(L&C)(title am) Second Reading Amendment No. 4 - Part A YEAS: 32 NAYS: 5 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Stevens, Whitaker, Williams Nays: Foster, Kohring, Rokeberg, Scalzi, Wilson Excused: Masek Absent: Bunde, Moses And so, Amendment No. 4 - Part A was adopted. Amendment No. 4 - Part B: Page 4, line 1: Delete "actual" The question being: "Shall Amendment No. 4 - Part B be adopted?" The roll was taken with the following result: CSHB 106(L&C) am Second Reading Amendment No. 4 - Part B YEAS: 25 NAYS: 12 EXCUSED: 1 ABSENT: 2 2001-04-30 House Journal Page 1409 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Lancaster, McGuire, Meyer, Morgan, Murkowski, Stevens, Whitaker, Williams Nays: Chenault, Foster, Green, James, Kohring, Kott, Mulder, Ogan, Porter, Rokeberg, Scalzi, Wilson Excused: Masek Absent: Bunde, Moses And so, Amendment No. 4 - Part B was adopted. Representatives Murkowski and Rokeberg moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall CSHB 106(L&C) am pass the House?" The roll was taken with the following result: CSHB 106(L&C) am Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring, Ogan Excused: Masek And so, CSHB 106(L&C) am passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. 2001-04-30 House Journal Page 1410 Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 106(L&C) am was referred to the Chief Clerk for engrossment.