Legislature(2003 - 2004)
2004-04-01 House Journal
Full Journal pdf2004-04-01 House Journal Page 3171 HB 378 The following was read the second time: HOUSE BILL NO. 378 "An Act relating to the Alaska Food, Drug, and Cosmetic Act, including sales, advertising, certain devices, food donors, and food banks; making certain violations of organic food provisions and of the Alaska Food, Drug, and Cosmetic Act unfair methods of competition and unfair or deceptive acts or practices under certain of the state's unfair trade practices and consumer protection laws; and providing for an effective date." with the: Journal Page HES RPT 2DP 1DNP 2NR 2537 FN1: ZERO(LAW) 2538 FN2: (DEC) 2538 JUD RPT 1DP 3NR 1AM 2710 FN1: ZERO(LAW) 2710 FN2: (DEC) 2710 FIN RPT 4DP 6NR 2805 FN1: ZERO(LAW) 2805 FN2: (DEC) 2805 Representative Gruenberg moved and asked unanimous consent to change his recommendation from "Amend" to "Do Pass" on the Judiciary Committee report (page 2710) for HB 378. There being no objection, it was so ordered. 2004-04-01 House Journal Page 3172 Amendment No. 1 was offered by Representative Gara: Page 5, following line 23: Insert a new bill section to read: "* Sec. 11. AS 17.20 is amended by adding a new section to read: Sec. 17.20.355. Certification costs. A person who has an employee who is subject in the course of the employment to the certification requirements adopted by the commissioner under AS 17.20.005(1)(D) shall pay the costs that are necessary for the employee to meet the certification requirements. The employer may not require the employee to reimburse the employer for these payments." Renumber the following bill sections accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Stepovich objected. Representative Berkowitz moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Berkowitz was required to vote. Amendment to Amendment No. 1 was offered by Representative Wilson: Following "The employer": Delete "may" Insert "shall" Representative Wilson moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. Representatives Stepovich, Williams, and Gara moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. 2004-04-01 House Journal Page 3173 The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: HB 378 Second Reading Amendment No. 1 as amended YEAS: 14 NAYS: 22 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Wolf Nays: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson Excused: Rokeberg, Weyhrauch Absent: Anderson, Heinze And so, Amendment No. 1 as amended was not adopted. Representative Coghill moved and asked unanimous consent that HB 378 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 378 was read the third time. **The presence of Representative Weyhrauch, who had been previously excused (page 3169), was noted. The question being: "Shall HB 378 pass the House?" The roll was taken with the following result: HB 378 Third Reading Final Passage YEAS: 21 NAYS: 13 EXCUSED: 1 ABSENT: 5 Yeas: Anderson, Chenault, Fate, Foster, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kookesh, Kott, McGuire, Meyer, Morgan, Ogg, Seaton, Weyhrauch, Williams, Wilson 2004-04-01 House Journal Page 3174 Nays: Berkowitz, Coghill, Crawford, Croft, Gatto, Guttenberg, Kapsner, Kohring, Lynn, Masek, Samuels, Stepovich, Stoltze Excused: Rokeberg Absent: Cissna, Dahlstrom, Gara, Moses, Wolf And so, HB 378 passed the House. Representative Coghill moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 378 Third Reading Effective Date YEAS: 34 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Excused: Rokeberg Absent: Cissna, Dahlstrom, Gara, Moses, Wolf And so, the effective date clause was adopted. Representative Guttenberg gave notice of reconsideration of the vote on HB 378.