Legislature(2001 - 2002)

2001-05-07 House Journal

Full Journal pdf

2001-05-07                     House Journal                      Page 1649
SB 176                                                                                            
The following, which was moved to the bottom of the calendar (page                                  
1638), was read the second time:                                                                    
                                                                                                    
    CS FOR SENATE BILL NO. 176(L&C) am                                                              
    "An Act prohibiting certain coercive activity by distributors;                                  
    relating to certain required distributor payments and purchases;                                
    prohibiting distributors from requiring certain contract terms as a                             
    condition for certain acts related to distributorship and ancillary                             
    agreements; allowing dealers to bring certain court actions against                             
    distributors for certain relief; and exempting from the provisions                              
    of the Act franchises regulated by the federal Petroleum                                        
    Marketing Practices Act, situations regulated by the Alaska                                     
    gasoline products leasing act, and distributorship agreements                                   
    relating to motor vehicles required to be registered under AS                                   
    28.10."                                                                                         
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT FORTHCOMING HCS(L&C) 2DP 5NR                                1586                           
 FN1: ZERO(CED)                                                      1586                           
 RECEIVED HCS(L&C) NT                                                1616                           
 TITLE CHANGE PENDING HCR                                            1616                           
 JUD RPT HCS(JUD) NT 4DP 2NR                                         1625                           
 TITLE CHANGE PENDING HCR 19                                         1626                           
 FN1: ZERO(CED)                                                      1626                           
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 176(JUD)                                                    
    "An Act prohibiting certain coercive activity by distributors;                                  
    relating to certain required distributor payments and purchases;                                
    prohibiting distributors from requiring certain contract terms as a                             
    condition for certain acts related to distributorship and ancillary                             
    agreements; allowing dealers to bring certain court actions against                             
    distributors for certain relief; and exempting from the provisions                              

2001-05-07                     House Journal                      Page 1650
    of the Act franchises regulated by the federal Petroleum                                        
    Marketing Practices Act, situations regulated by the Alaska                                     
    Gasoline Products Leasing Act, distributorship agreements                                       
    relating to motor vehicles required to be registered under AS                                   
    28.10, certain alcoholic beverage licensees, and certain                                        
    manufacturers."                                                                                 
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Murkowski:                                            
                                                                                                    
                                                                                                    
[Page 1, line 8 (title amendment):                                                                  
 Delete "certain alcoholic beverage licensees,"]                                                  
                                                                                                    
Page 5, lines 25 - 26:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following paragraph accordingly.                                                       
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered and the new title appears below:                                                            
                                                                                                    
    HCS FOR CS FOR SENATE BILL NO. 176(JUD) am H                                                    
    "An Act prohibiting certain coercive activity by distributors;                                  
    relating to certain required distributor payments and purchases;                                
    prohibiting distributors from requiring certain contract terms as a                             
    condition for certain acts related to distributorship and ancillary                             
    agreements; allowing dealers to bring certain court actions against                             
    distributors for certain relief; and exempting from the provisions                              
    of the Act franchises regulated by the federal Petroleum                                        
    Marketing Practices Act, situations regulated by the Alaska                                     
    Gasoline Products Leasing Act, distributorship agreements                                       
    relating to motor vehicles required to be registered under AS                                   
    28.10, and certain manufacturers."                                                              
                                                                                                    
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    

2001-05-07                     House Journal                      Page 1651
Page 6, following line 26:                                                                          
 Insert a new bill section to read:                                                                 
   "* Sec. 3. This Act takes effect January 1, 2002."                                             
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative James objected.                                                                      
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 176(JUD) am H                                                                              
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  20   NAYS:  17   EXCUSED:  0   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Crawford, Croft, Guess, Halcro,                                    
Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Morgan, Murkowski,                                 
Porter, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Nays:  Chenault, Coghill, Dyson, Fate, Foster, Green, James, Kohring,                               
Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Ogan, Rokeberg,                                     
Scalzi                                                                                              
                                                                                                    
Absent:  Davies, Kookesh, Moses                                                                     
                                                                                                    
And so, Amendment No. 2 was adopted and the new title appears                                       
below:                                                                                              
                                                                                                    
    HCS FOR CS FOR SENATE BILL NO. 176(JUD) am H(efd add                                            
    H)                                                                                              
    "An Act prohibiting certain coercive activity by distributors;                                  
    relating to certain required distributor payments and purchases;                                
    prohibiting distributors from requiring certain contract terms as a                             
    condition for certain acts related to distributorship and ancillary                             
    agreements; allowing dealers to bring certain court actions against                             
    distributors for certain relief; and exempting from the provisions                              
    of the Act franchises regulated by the federal Petroleum                                        
    Marketing Practices Act, situations regulated by the Alaska                                     
    Gasoline Products Leasing Act, distributorship agreements                                       

2001-05-07                     House Journal                      Page 1652
    relating to motor vehicles required to be registered under AS                                   
    28.10, and certain manufacturers; and providing for an effective                                
    date."                                                                                          
                                                                                                    
The Speaker stated that, without objection, HCS CSSB 176(JUD) am                                    
H(efd add H) will be held in second reading to the May 8, 2001,                                     
calendar.