Legislature(2001 - 2002)

2002-04-19 House Journal

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2002-04-19                     House Journal                      Page 3032
HB 393                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 393                                                                              
    "An Act relating to unfair and deceptive trade practices and to the                             
    sale of business opportunities; amending Rules 4 and 73, Alaska                                 
    Rules of Civil Procedure; and providing for an effective date."                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT 2DP 5NR                                                     2435                           
 FN1: INDETERMINATE(LAW)                                             2435                           
 JUD RPT CS(JUD) 1DP 3NR                                             2831                           
 FN1: INDETERMINATE(LAW)                                             2831                           
 FIN RPT CS(JUD) 10DP                                                2969                           
 FN1: INDETERMINATE(LAW)                                             2969                           
                                                                                                    
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. 393(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Davies and Bunde:                                    
                                                                                                    
Page 13, line 5, following "$250":                                                                  
 Insert ", except that this exemption does not apply if the aggregate                               
amount of the sales or offers to sell the business opportunity that are                             
made in a one-year period by the seller or offeror of the business                                  
opportunity, or by the agent of the seller or offeror, exceeds $10,000"                             
                                                                                                    
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2002-04-19                     House Journal                      Page 3033
Amendment to Amendment No. 1 was offered  by Representative                                          
Stevens:                                                                                            
                                                                                                    
Following "opportunity that"                                                                        
 Delete "are"                                                                                       
 Insert "were"                                                                                      
                                                                                                    
Following "made in"                                                                                 
 Delete "a"                                                                                         
 Insert "the previous"                                                                              
                                                                                                    
Following "agent of the seller or offeror,"                                                         
 Delete "exceeds"                                                                                   
 Insert "exceeded"                                                                                  
                                                                                                    
Representative Stevens moved and asked unanimous consent that                                       
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no further objection, Amendment No. 1 as amended was                                    
adopted.                                                                                            
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
393(JUD) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 393(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 393(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 393(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  2   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,                                  
Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter,                                            
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    

2002-04-19                     House Journal                      Page 3034
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Mulder, Ogan                                                                              
                                                                                                    
And so, CSHB 393(JUD) 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 changes.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
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 393(JUD) am was referred to the Chief Clerk for engrossment.