Legislature(2001 - 2002)

2001-04-30 House Journal

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2001-04-30                     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.