Legislature(2001 - 2002)

2001-05-01 House Journal

Full Journal pdf

2001-05-01                     House Journal                      Page 1431
HB 184                                                                                            
The following was read the second time:                                                             
                                                                                                    

2001-05-01                     House Journal                      Page 1432
    HOUSE BILL NO. 184                                                                              
    "An Act relating to the business of insurance, including changes to                             
    the insurance code to implement federal financial services reforms                              
    for the business of insurance and to authorize the director of                                  
    insurance to review criminal backgrounds for individuals applying                               
    to engage in the business of insurance; amending Rule 402,                                      
     Alaska Rules of Evidence; and providing for an effective date."                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT FORTHCOMING CS(L&C) 2DP 4NR 1AM 1232                                                       
 FN1: ZERO(CED)                                                     1233                            
 RECEIVED CS(L&C) NT                                                1286                            
 JUD RPT CS(JUD) NT 2DP 3NR 1AM                                     1355                            
 FN1: ZERO(CED)                                                     1356                            
                                                                                                    
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. 184(JUD)                                                                  
    "An Act relating to insurance; amending Rule 402, Alaska Rules                                  
    of Evidence; and providing for an effective date."                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Amendment No. 2 was offered by Representative Croft:                                                
                                                                                                    
Page 44, line 28, following "information.":                                                       
 Insert "(a)"                                                                                       
                                                                                                    
Page 45, following line 4:                                                                          
 Insert a new subsection to read:                                                                   
     "(b) A financial institution, insurance company or any other                                   
    person who violates this section is liable to a depositor or                                    
    customer for damages caused by the disclosure of the confidential                               
    records or information of the financial institution pertaining to the                           
    depositor or customer."                                                                         
                                                                                                    

2001-05-01                     House Journal                      Page 1433
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Berkowitz placed a call of the House and lifted the call.                            
                                                                                                    
**Representative Ogan was excused from a call of the House today                                    
due to illness.                                                                                     
                                                                                                    
Representative Berkowitz placed a call of the House and lifted the call.                            
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 184(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  15   NAYS:  22   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Dyson,                                    
Fate, Joule, Kapsner, Kookesh, McGuire, Moses, Scalzi, Whitaker                                     
                                                                                                    
Nays:  Chenault, Coghill, Foster, Green, Guess, Halcro, Harris, Hayes,                              
Hudson, James, Kohring, Kott, Lancaster, Meyer, Morgan, Mulder,                                     
Murkowski, Porter, Rokeberg, Stevens, Williams, Wilson                                              
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    
Absent:  Kerttula                                                                                   
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered by Representative Croft:                                                
                                                                                                    
Page 45, lines 1 - 4, following "under the":                                                        
 Delete all material.                                                                               
                                                                                                    
 Insert "National Association of Insurance Commissioners, model                                     
regulations on privacy."                                                                            
                                                                                                    
                                                                                                    

2001-05-01                     House Journal                      Page 1434
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 184(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  20   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Fate, Green,                                     
Guess, Halcro, Hudson, Joule, Kapsner, Kerttula, Kookesh, McGuire,                                  
Moses, Murkowski                                                                                    
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Foster, Harris, Hayes, James,                                      
Kohring, Kott, Lancaster, Meyer, Morgan, Mulder, Porter, Rokeberg,                                  
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    
Absent:  Dyson                                                                                      
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Amendment No. 4 was not offered.                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB                                    
184(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 184(JUD) was read the third time.                                                              
                                                                                                    
Representative Hayes moved and asked unanimous consent that he be                                   
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Hayes was required to vote.                                           
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 184(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           

2001-05-01                     House Journal                      Page 1435
                                                                                                    
CSHB 184(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  5   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Dyson, Fate,                                    
Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                  
Kapsner, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer,                                         
Morgan, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                       
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Crawford, Croft, Davies, Kerttula, Moses                                                     
                                                                                                    
Excused:  Masek, Ogan                                                                               
                                                                                                    
And so, CSHB 184(JUD) 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.                                    
                                                                                                    
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.                                
                                                                                                    
Representative Davies gave notice of reconsideration of his vote on                                 
CSHB 184(JUD) and it was taken up later.