04/17/2002 05:30 PM House RLS
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ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
April 17, 2002
5:30 p.m.
MEMBERS PRESENT
Representative Pete Kott, Chair
Representative Brian Porter
Representative Vic Kohring
Representative Lesil McGuire
Representative Ethan Berkowitz
MEMBERS ABSENT
Representative Carl Morgan
Representative Reggie Joule
OTHER LEGISLATORS PRESENT
Senator Randy Phillips
COMMITTEE CALENDAR
HOUSE BILL NO. 304
"An Act relating to disposition of income of the permanent fund;
and providing for an effective date."
- MOVED CSHB 304(RLS) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 47
Urging the United States Environmental Protection Agency and the
Alaska Department of Environmental Conservation to provide
maximum possible flexibility in application of low sulfur diesel
fuel requirements to Alaska.
- MOVED CSHJR 47(RLS) OUT OF COMMITTEE
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."
- MOVED HCS CSSB 276(RLS) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 304
SHORT TITLE:PERMANENT FUND INCOME
SPONSOR(S): REPRESENTATIVE(S)WHITAKER
Jrn-Date Jrn-Page Action
01/14/02 1954 (H) PREFILE RELEASED 1/4/02
01/14/02 1954 (H) READ THE FIRST TIME -
REFERRALS
01/14/02 1954 (H) STA, FIN
01/16/02 1992 (H) COSPONSOR(S): FATE
02/16/02 (H) STA AT 10:00 AM BUTROVICH 205
02/16/02 (H) -- Meeting Postponed to
2/23/02 --
02/23/02 (H) STA AT 10:00 AM HOUSE FINANCE
519
02/23/02 (H) Heard & Held
02/23/02 (H) MINUTE(STA)
03/19/02 (H) STA AT 8:00 AM CAPITOL 102
03/19/02 (H) Moved Out of Committee
03/19/02 (H) MINUTE(STA)
03/19/02 2600 (H) STA RPT 3DP 1DNP 2NR 1AM
03/19/02 2600 (H) DP: FATE, WILSON, STEVENS;
DNP: JAMES;
03/19/02 2600 (H) NR: HAYES, COGHILL; AM:
CRAWFORD
03/19/02 2600 (H) FN1: ZERO(REV)
03/21/02 (H) FIN AT 9:00 AM HOUSE FINANCE
519
03/22/02 (H) FIN AT 9:00 AM HOUSE FINANCE
519
03/22/02 2654 (H) COSPONSOR(S): MULDER
03/25/02 (H) FIN AT 9:00 AM HOUSE FINANCE
519
03/25/02 (H) Moved CSHB 304(FIN) Out of
Committee
MINUTE(FIN)
03/26/02 2679 (H) FIN RPT CS(FIN) NT 5DP 1DNP
2NR 3AM
03/26/02 2679 (H) DP: BUNDE, WHITAKER,
LANCASTER, HUDSON,
03/26/02 2679 (H) MULDER; DNP: FOSTER; NR:
HARRIS,
03/26/02 2679 (H) MOSES; AM: CROFT, DAVIES,
WILLIAMS
03/26/02 2680 (H) FN(S): FORTHCOMING
03/27/02 2719 (H) FN2: (REV)
03/27/02 2719 (H) RULES TO CALENDAR 3/27/02
03/27/02 2719 (H) RETURNED TO RLS COMMITTEE
04/15/02 (H) RLS AT 9:00 AM BUTROVICH 205
04/15/02 (H) Failed To Move Out Of
Committee -- Recessed to a
call of the Chair --
04/15/02 (H) MINUTE(RLS)
04/17/02 (H) RLS AT 5:30 PM BUTROVICH 205
BILL: HJR 47
SHORT TITLE:LOW SULFUR DIESEL FUEL REQUIREMENTS
SPONSOR(S): COMMUNITY & REGIONAL AFFAIRS
Jrn-Date Jrn-Page Action
03/22/02 2643 (H) READ THE FIRST TIME -
REFERRALS
03/22/02 2643 (H) RES
04/03/02 (H) RES AT 1:00 PM CAPITOL 124
04/03/02 (H) Moved CSHJR 47(RES) Out of
Committee
04/03/02 (H) MINUTE(RES)
04/04/02 2794 (H) RES RPT CS(RES) NT 5DP
04/04/02 2794 (H) DP: KERTTULA, CHENAULT, FATE,
GREEN,
04/04/02 2794 (H) MASEK
04/04/02 2794 (H) FN1: ZERO(H.RES)
04/15/02 (H) RLS AT 9:00 AM BUTROVICH 205
04/15/02 (H) Scheduled But Not Heard --
Recessed to a call of the
Chair --
04/17/02 (H) RLS AT 5:30 PM BUTROVICH 205
BILL: SB 176
SHORT TITLE:DISTRIBUTORSHIPS
SPONSOR(S): LABOR & COMMERCE BY REQUEST
Jrn-Date Jrn-Page Action
04/05/01 0956 (S) READ THE FIRST TIME -
REFERRALS
04/05/01 0957 (S) L&C, JUD, FIN
04/19/01 (S) L&C AT 1:30 PM BELTZ 211
04/19/01 (S) Heard & Held
04/19/01 (S) MINUTE(L&C)
04/24/01 (S) L&C AT 1:30 PM BELTZ 211
04/24/01 (S) Moved CSSB 176(L&C) Out of
Committee
04/24/01 (S) MINUTE(L&C)
04/25/01 (S) JUD AT 1:30 PM BELTZ 211
04/25/01 (S) Moved CS(L&C) Out of
Committee
04/25/01 (S) MINUTE(JUD)
04/25/01 (S) MINUTE(JUD)
04/25/01 1259 (S) L&C RPT CS 5DP SAME TITLE
04/25/01 1259 (S) DP: PHILLIPS, DAVIS,
AUSTERMAN, LEMAN,
04/25/01 1259 (S) TORGERSON
04/25/01 1259 (S) FN1: ZERO(CED)
04/26/01 1277 (S) JUD RPT CS(L&C) 4DP
04/26/01 1277 (S) DP: TAYLOR, THERRIAULT,
COWDERY, ELLIS
04/26/01 1277 (S) FN1: ZERO(CED)
04/28/01 1338 (S) FIN REFERRAL WAIVED REFERRED
TO RULES
05/01/01 (S) RLS AT 12:15 PM FAHRENKAMP
203
05/01/01 (S) -- Time Change --
05/01/01 (S) MINUTE(RLS)
05/01/01 1405 (S) READ THE SECOND TIME
05/01/01 1405 (S) L&C CS ADOPTED UNAN CONSENT
05/01/01 1405 (S) AM NO 1(TITLE AM) ADOPTED
UNAN CONSENT
05/01/01 1406 (S) ADVANCED TO THIRD READING
UNAN CONSENT
05/01/01 1406 (S) READ THIRD TIME CSSB
176(L&C)(TITLE AM)
05/01/01 1407 (S) PASSED Y19 N1
05/01/01 1407 (S) TAYLOR NOTICE OF
RECONSIDERATION
05/01/01 1400 (S) RULES TO CALENDAR 5/1/01
05/02/01 1447 (S) RECON TAKEN UP - IN THIRD
READING
05/02/01 1447 (S) RETURN TO SECOND FOR AM 2
UNAN CONSENT
05/02/01 1448 (S) AM NO 2 ADOPTED UNAN CONSENT
05/02/01 1448 (S) AUTOMATICALLY IN THIRD
READING
05/02/01 1448 (S) PASSED ON RECONSIDERATION Y18
N1 A1
05/02/01 1450 (S) TRANSMITTED TO (H)
05/02/01 1450 (S) VERSION: CSSB 176(L&C) AM
05/03/01 1501 (H) READ THE FIRST TIME -
REFERRALS
05/03/01 1501 (H) L&C, JUD
05/05/01 (H) L&C AT 12:00 PM CAPITOL 17
05/05/01 (H) Moved HCS CSSB 176(L&C) Out
of Committee
05/05/01 (H) JUD AT 1:00 PM CAPITOL 120
05/05/01 (H) <Bill Postponed>
05/05/01 (H) MINUTE(L&C)
05/06/01 1616 (H) TITLE CHANGE: HCR 19
05/06/01 (H) JUD AT 3:00 PM CAPITOL 120
05/06/01 (H) Moved HCS CSSB 176(JUD) Out
of Committee
05/06/01 (H) MINUTE(JUD)
05/06/01 1586 (H) L&C RPT FORTHCOMING HCS(L&C)
2DP 5NR
05/06/01 1586 (H) DP: CRAWFORD, HAYES; NR:
HALCRO, KOTT,
05/06/01 1586 (H) MEYER, ROKEBERG, MURKOWSKI
05/06/01 1586 (H) FN1: ZERO(CED)
05/06/01 1616 (H) RECEIVED HCS(L&C) NT
05/07/01 1636 (H) RULES TO CALENDAR 5/7/01
05/07/01 1636 (H) MOVED TO FOLLOW CSSB 198(HES)
05/07/01 1638 (H) MOVED TO BOTTOM OF CALENDAR
05/07/01 1649 (H) READ THE SECOND TIME
05/07/01 1649 (H) JUD HCS ADOPTED UNAN CONSENT
05/07/01 1650 (H) AM NO 1 ADOPTED UNAN CONSENT
05/07/01 1650 (H) AM NO 2 ADOPTED Y20 N17 A3
05/07/01 1650 (H) ...CHANGES TITLE OF
LEGISLATION
05/07/01 1652 (H) HELD IN SECOND READING TO 5/8
05/07/01 1626 (H) TITLE CHANGE: HCR 19
05/07/01 1625 (H) JUD RPT HCS(JUD) NT 4DP 2NR
05/07/01 1626 (H) DP: MEYER, COGHILL, JAMES,
ROKEBERG;
05/07/01 1626 (H) NR: BERKOWITZ, KOOKESH
05/07/01 1626 (H) FN1: ZERO(CED)
05/08/01 1713 (H) RETURNED TO RLS COMMITTEE
04/15/02 (H) RLS AT 9:00 AM BUTROVICH 205
04/15/02 (H) Scheduled But Not Heard --
Recessed to a call of the
Chair --
04/17/02 (H) RLS AT 5:30 PM BUTROVICH 205
WITNESS REGISTER
BILL LAWRENCE, Staff
to Representative Carl Morgan
House Community and Regional Affairs Standing Committee
Alaska State Legislature
Capitol Building, Room
Juneau, Alaska 99801
POSITION STATEMENT: Testified on behalf of the sponsor, the
House Community and Regional Affairs Standing Committee.
JOHN HAXBY
PO Box 111098
Anchorage, Alaska 99511
POSITION STATEMENT: Testified on SB 176.
TERRY BANNISTER, Attorney
Legislative Counsel
Legal and Research Services Division
Legislative Affairs Agency
Terry Miller Building, Room 329
Juneau, Alaska 99801
POSITION STATEMENT: Spoke as the drafter of SB 176 and
responded to questions.
ACTION NARRATIVE
TAPE 02-6, SIDE A
Number 0001
CHAIR PETE KOTT called the House Rules Standing Committee
meeting to order at 5:30 p.m. Representatives Kott, Porter,
Kohring, and McGuire were present at the call to order.
Representative Berkowitz arrived as the meeting was in progress.
HB 304-PERMANENT FUND INCOME
CHAIR KOTT announced that the first order of business would be
HOUSE BILL NO. 304, "An Act relating to disposition of income of
the permanent fund; and providing for an effective date."
Number 0031
REPRESENTATIVE PORTER moved that the committee rescind its
action in failing to report CSHB 304(RLS) from committee. There
being no objection, [Version 22-LS1207\T, Cook, 4/5/02] was
before the committee.
REPRESENTATIVE PORTER moved to report CSHB 304 [Version T] out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
304(RLS) was reported from the House Rules Standing Committee.
HJR 47-LOW SULFUR DIESEL FUEL REQUIREMENTS
CHAIR KOTT announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 47, Urging the United States
Environmental Protection Agency and the Alaska Department of
Environmental Conservation to provide maximum possible
flexibility in application of low sulfur diesel fuel
requirements to Alaska.
Number 0095
REPRESENTATIVE McGUIRE moved to adopt CSHJR 47, Version 22-
LS1644\L, Craver, 4/5/02, as the working document. There being
no objection, Version L was before the committee.
Number 0136
BILL LAWRENCE, Staff to Representative Carl Morgan, House
Community and Regional Affairs Standing Committee, Alaska State
Legislature, testified on behalf of the sponsor, the House
Community and Regional Affairs Standing Committee. He explained
that Version L simply addresses the Department of Environmental
Conservation's (DEC) position by adding a "WHEREAS" provision on
page 2, line 18, and a "FURTHER RESOLVED" provision on page 2,
line 27. In response to Chair Kott, Mr. Lawrence stated that
DEC is aware of the changes.
Number 0277
REPRESENTATIVE McGUIRE moved to report CSHJR 47, Version 22-
LS1644\L, Craver, 4/5/02, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHJR 47(RLS) was reported from the House Rules
Standing Committee.
SB 176-DISTRIBUTORSHIPS
CHAIR KOTT announced that the last order of business before the
committee would be 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."
Number 0328
REPRESENTATIVE McGUIRE moved to adopt HCS CSSB 176 Version [22-
LS0818\B, Bannister, 4/17/02] as the working document. There
being no objection, it was so ordered.
CHAIR KOTT noted the presence of Senator Randy Phillips, Chair
of the Senate Labor and Commerce Standing Committee, the sponsor
of SB 176. Chair Kott welcomed Senator Phillips and invited him
to the table, but Senator Phillips yielded to Representative
Rokeberg.
REPRESENTATIVE NORMAN ROKEBERG, Alaska State Legislature,
explained that the changes in Version B are related to the
exemptions in the title on [page 1,] lines 5 and 8. He further
explained the title change. Representative Rokeberg directed
attention to page 5 paragraph (4), which he characterized as a
redraft of moving the scope of license activities of those
individuals licensed under Title 4. Page 6 adds [new language]
in paragraphs (5)-(7) and (8)(b).
Number 0501
REPRESENTATIVE BERKOWITZ asked if there is a pending resolution
due to the title change.
REPRESENTATIVE ROKEBERG noted his anticipation of a few motions
on this bill on the House floor.
REPRESENTATIVE BERKOWITZ expressed his doubt that the House
could do a title change to a Senate Bill.
REPRESENTATIVE ROKEBERG pointed out that the sponsor is in
concurrence.
REPRESENTATIVE BERKOWITZ related his belief that [the
resolution] could be objectionable.
CHAIR KOTT announced that there is a resolution in the House
Rules Standing Committee because there was a title change to SB
176 prior to this committee change. Therefore, that resolution
will have to go to the House floor as well. Chair Kott further
pointed out that a number of technical motions will be required
for this bill.
Number 0610
JOHN HAXBY characterized SB 176 as a small business protection
act that is necessary to level the playing field between large
well financed manufacturers and distributors and small
businesses in Alaska. The passage of this legislation will
protect small businesses in Alaska from unreasonable
manipulation by manufacturers and distributors. Furthermore,
the legislation should foster economic growth and development,
keeping capital in Alaska. He pointed out that Alaska is one of
the few states without a law addressing distributor agreements.
Mr. Haxby noted that he has reviewed the proposed changes in the
CS, which he viewed as reasonable.
Number 0771
TERRY BANNISTER, Attorney, Legislative Counsel, Legal and
Research Services Division, Legislative Affairs Agency,
answered, in response to Chair Kott, that she didn't know the
impact of this legislation on existing franchises. The
legislation attempts to avoid conflict with [existing]
franchises. She offered to look into that matter.
CHAIR KOTT closed public testimony.
Number 0836
REPRESENTATIVE BERKOWITZ moved the following amendment,
Amendment 1, which addresses page 3, Sec. 45.45.730, regarding
death of the dealer or holder of majority interest in dealer.
CHAIR KOTT objected.
REPRESENTATIVE BERKOWITZ pointed out that death isn't the only
thing that can incapacitate an individual in a contractual
relationship. Therefore, the language "death or disability and
other successors and interests" was inserted in the appropriate
spots in this paragraph. He noted that he had consulted with
Ms. Bannister on this amendment.
REPRESENTATIVE McGUIRE surmised that [Amendment 1] refers to the
(indisc.) that tends to incapacitate.
REPRESENTATIVE BERKOWITZ replied yes.
CHAIR KOTT withdrew his objection.
There being no objection, Amendment 1 was adopted.
Number 0929
REPRESENTATIVE McGUIRE moved to report HCS CSSB 176 as amended
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HCS CSSB
176(RLS) was reported from the House Rules Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 5:45 p.m.
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