Legislature(2001 - 2002)

2001-05-01 Senate Journal

Full Journal pdf

2001-05-01                     Senate Journal                      Page 1405
SB 176                                                                                            
SENATE BILL NO. 176 "An Act relating to distributorships" was                                       
read the second time.                                                                               
                                                                                                    
Senator Phillips, Chair, moved and asked unanimous consent for the                                  
adoption of the Labor and Commerce Committee Substitute offered on                                  
page 1259. Without objection, CS FOR SENATE BILL NO.                                                
176(L&C) was adopted and read the second time.                                                      
                                                                                                    
Senator Phillips offered Title Amendment No. 1:                                                     
                                                                                                    
Page 1, line 1:                                                                                     
 Delete "relating to distributorships"                                                            
 Insert  "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                                          

2001-05-01                     Senate Journal                      Page 1406
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"                                                                                         
                                                                                                    
Senator Phillips moved for the adoption of Title Amendment No. 1.                                   
Without objection, Title Amendment No. 1 was adopted.                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 176(L&C)(title 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"                                
was read the third time.                                                                            
                                                                                                    
Senators Wilken, Ellis moved and asked unanimous consent to be                                      
allowed to abstain from voting due to a conflict of interest. Objections                            
were heard and Senators Wilken, Ellis were required to vote.                                        
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO.                                                   
176(L&C)(title 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" pass the Senate?"                                
The roll was taken with the following result:                                                       

2001-05-01                     Senate Journal                      Page 1407
                                                                                                    
CSSB 176(L&C)(title am)                                                                             
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward                                                                 
                                                                                                    
Nays:  Wilken                                                                                       
                                                                                                    
Kelly changed from "Nay" to "Yea".                                                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 176(L&C)(title am) passed the                                        
Senate.                                                                                             
                                                                                                    
Senator Taylor gave notice of reconsideration.