Legislature(2001 - 2002)

2002-04-19 House Journal

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2002-04-19                     House Journal                      Page 3034
SB 176                                                                                            
The following, which was held in second reading (page 1652) and                                     
returned to the Rules Committee (page 1713), was again before the                                   
House in second reading:                                                                            
                                                                                                    
    HOUSE CS 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                                       
    relating to motor vehicles required to be registered under AS                                   
    28.10, and certain manufacturers; and providing for an effective                                
    date."                                                                                          
                                                                                                    

2002-04-19                     House Journal                      Page 3035
with the:                                                   Journal Page                            
                                                                                                    
 RLS RPT HCS(RLS) NT 2DP 3NR                                         3027                           
 FN2: ZERO(CED)                                                      3028                           
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House rescind previous action in adopting Amendment No. 1,                                          
Amendment No. 2, and HCS CSSB 176(JUD) am H(efd add H).                                             
                                                                                                    
There being no objection, it was so ordered and the following was                                   
again before the House in second reading:                                                           
                                                                                                    
    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."                                                                                         
                                                                                                    
                                                                                                    
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(RLS)                                                    
    "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 making exemptions that relate to                           
    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, activities and agreements by                                      

2002-04-19                     House Journal                      Page 3036
    persons licensed under AS 04, contracts between persons licensed                                
    under AS 04 and out-of-state persons in the alcoholic beverage                                  
    industry, distributorship agreements involving cigarettes, food,                                
    drink, or components of food or drink, manufacturers with 50 or                                 
    fewer employees, suppliers, manufacturers, importers, and                                       
    wholesalers of alcoholic beverages."                                                            
                                                                                                    
    (HCR 19 - title change resolution)                                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSB 176(RLS) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 176(RLS) was read the third time.                                                          
                                                                                                    
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that he                                   
be allowed to abstain from voting due to a conflict of interest.                                    
Objection was heard, and Representative Rokeberg was required to                                    
vote.                                                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall HCS CSSB 176(RLS) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 176(RLS)                                                                                   
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                                               
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Mulder, Ogan                                                                              

2002-04-19                     House Journal                      Page 3037
                                                                                                    
And so, HCS CSSB 176(RLS) passed the House and was referred to                                      
the Chief Clerk for engrossment.