Legislature(2007 - 2008)

2007-05-04 House Journal

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2007-05-04                     House Journal                      Page 1100
HB 162                                                                                                                        
Representative Ramras brought up reconsideration of the vote on                                                                 
CSHB 162(L&C) (page 1073).                                                                                                      
                                                                                                                                
The following was again before the House in third reading:                                                                      
                                                                                                                                
     CS FOR HOUSE BILL NO. 162(L&C)                                                                                             
     "An Act relating to mortgage lenders, mortgage brokers, mortgage                                                           
     originators, state agents who collect program administration fees,                                                         
     and other persons who engage in activities relating to mortgage                                                            
     lending; relating to mortgage loan activities; relating to an                                                              
     originator fund; relating to fees for mortgage loan transactions;                                                          
     making certain violations unfair trade practices; relating to                                                              
     persons who are licensed under the Alaska Small Loans Act; and                                                             
     providing for an effective date."                                                                                          
                                                                                                                                
Representative Ramras moved and asked unanimous consent that                                                                    
CSHB 162(L&C) be returned to second reading for the specific                                                                    
purpose of considering Amendment No. 1.  There being no objection,                                                              
it was so ordered.                                                                                                              
                                                                                                                                
Amendment No. 1 was offered  by Representative Ramras:                                                                           
                                                                                                                                
Page 2, line 21:                                                                                                                
 Following "lender":                                                                                                            
  Delete "or"                                                                                                                   
  Insert ","                                                                                                                    
                                                                                                                                

2007-05-04                     House Journal                      Page 1101
 Following "broker":                                                                                                            
  Insert "or originator"                                                                                                        
                                                                                                                                
Page 3, following line 19:                                                                                                      
 Insert a new paragraph to read:                                                                                                
       "(9) an exclusive agent of a person licensed under this                                                                  
     chapter if the person:                                                                                                     
           (A) is an affiliate of a bank or savings and loan                                                                    
         association;                                                                                                           
           (B) executes a written undertaking with the                                                                          
         department under which the person accepts responsibility for                                                           
         ensuring that the exclusive agent operates in compliance with                                                          
         the requirements of this chapter;                                                                                      
           (C) maintains a bond or other security in an amount                                                                  
         required by the department that runs to the benefit of the state                                                       
         and any person who suffers loss by reason of the exclusive                                                             
         agent's violation of this chapter;                                                                                     
           (D) files a registration form with the department to                                                                 
         obtain an exemption for the person's exclusive agents; and                                                             
           (E) pays an additional biennial license fee equal to                                                                 
         the license fee under Section 06.60.035(2) multiplied by the                                                           
         number of exclusive agents under contract with the person in                                                           
         this state."                                                                                                           
                                                                                                                                
Representative Ramras moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Lynn objected.                                                                                                   
                                                                                                                                
                                                                                                                                
Representative Ramras rose to a point of order.                                                                                 
                                                                                                                                
The Speaker cautioned the member to confine remarks to the                                                                      
amendment.                                                                                                                      
                                                                                                                                
**Representative Foster, who was excused (page 84), left the                                                                    
Chamber.                                                                                                                        
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            

2007-05-04                     House Journal                      Page 1102
                                                                                                                                
CSHB 162(L&C)--RECONSIDERATION                                                                                                  
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  2   NAYS:  31   EXCUSED:  5   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Ramras, Samuels                                                                                                          
                                                                                                                                
Nays:  Buch, Chenault, Crawford, Dahlstrom, Doll, Doogan, Edgmon,                                                               
Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                                                
Hawker, Holmes, Johansen, Joule, Kawasaki, Kelly, LeDoux, Lynn,                                                                 
Meyer, Neuman, Olson, Roses, Salmon, Seaton, Stoltze, Thomas,                                                                   
Wilson                                                                                                                          
                                                                                                                                
Excused:  Cissna, Coghill, Foster, Kerttula, Kohring                                                                            
                                                                                                                                
Absent:  Johnson, Nelson                                                                                                        
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
The question to be reconsidered:  "Shall CSHB 162(L&C) pass the                                                                 
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                
CSHB 162(L&C)--RECONSIDERATION                                                                                                  
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  34   NAYS:  0   EXCUSED:  5   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Crawford, Dahlstrom, Doll, Doogan, Edgmon,                                                               
Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                                                
Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly,                                                                      
LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon,                                                                      
Samuels, Seaton, Stoltze, Thomas, Wilson                                                                                        
                                                                                                                                
Excused:  Cissna, Coghill, Foster, Kerttula, Kohring                                                                            
                                                                                                                                
Absent:  Nelson                                                                                                                 
                                                                                                                                
And so, CSHB 162(L&C) passed the House on reconsideration.                                                                      
                                                                                                                                
Representative Samuels 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.                                                            
                                                                                                                                

2007-05-04                     House Journal                      Page 1103
CSHB 162(L&C) was referred to the Chief Clerk for engrossment.