Legislature(2001 - 2002)
2002-04-22 House Journal
Full Journal pdf2002-04-22 House Journal Page 3066 HB 182 The following was read the second time: HOUSE BILL NO. 182 "An Act relating to motor vehicles; and providing for an effective date." 2002-04-22 House Journal Page 3067 with the: Journal Page L&C RPT CS(L&C) NT 6DP 1NR 2636 FN1: (LAW) 2637 FIN RPT CS(FIN) NT 4DP 3NR 3AM 2880 FN1: (LAW) 2880 FN2: ZERO(ADM) 2880 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 182(FIN) "An Act relating to certain vehicles, including motorcycles and trailers; relating to the registration, bonding, and other regulation of motor vehicle dealers; relating to the registration and other regulation of certain motor vehicle buyers' agents; relating to acts and transactions involving vehicles, including trailers, and to the acts and practices of certain persons and entities involved in vehicle transactions, including trailer transactions; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Murkowski: Page 18, following line 15: Insert new material to read: "Sec. 45.25.465. Sales of used motor vehicles. (a) Before the sale of a used motor vehicle, a motor vehicle dealer shall, (1) when obtaining a used motor vehicle from an individual consumer, make a reasonable inquiry of the seller into the condition of the vehicle, including the accident and repair history of the vehicle; the information shall be recorded in writing and verified by the seller; the dealer shall provide this information to a prospective purchaser of the vehicle; (2) when a motor vehicle dealer obtains a used motor vehicle from another motor vehicle dealer, a wholesaler, or an auction, disclose to a prospective purchaser of the vehicle that the vehicle was purchased from another dealer, a wholesaler, or an auction. 2002-04-22 House Journal Page 3068 (b) Nothing in this section creates an express warranty by the dealer." Representative Murkowski moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Croft objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Halcro: Page 24, line 8, following "used motor vehicles": Insert ", and original equipment automotive parts distributors, who are authorized by the original equipment automotive manufacturer to sell original equipment automotive parts to the original equipment automotive dealer" Representative Halcro moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Representative Halcro moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. Amendment No. 3 (title amendment) was offered by Representative Halcro: Page 1, line 6, following "transactions;": Insert "relating to consumer protection for used vehicle buyers;" Representative Halcro moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered and the new title follows: CS FOR HOUSE BILL NO. 182(FIN) am "An Act relating to certain vehicles, including motorcycles and trailers; relating to the registration, bonding, and other regulation 2002-04-22 House Journal Page 3069 of motor vehicle dealers; relating to the registration and other regulation of certain motor vehicle buyers' agents; relating to acts and transactions involving vehicles, including trailers, and to the acts and practices of certain persons and entities involved in vehicle transactions, including trailer transactions; relating to consumer protection for used vehicle buyers; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." Amendment No. 4 was offered by Representative Dyson: Page 4, line 19, following "new or": Insert "10" Representative Dyson moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Berkowitz objected. Representative Dyson declared a conflict of interest. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 182(FIN) am Second Reading Amendment No. 4 YEAS: 22 NAYS: 7 EXCUSED: 3 ABSENT: 8 Yeas: Cissna, Coghill, Crawford, Dyson, Fate, Foster, Green, Harris, James, Joule, Kohring, Lancaster, McGuire, Meyer, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Wilson Nays: Croft, Davies, Guess, Halcro, Hudson, Kerttula, Kookesh Excused: Bunde, Hayes, Ogan Absent: Berkowitz, Chenault, Kapsner, Kott, Masek, Morgan, Mulder, Williams And so, Amendment No. 4 was adopted. 2002-04-22 House Journal Page 3070 Representative James moved and asked unanimous consent that CSHB 182(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 182(FIN) am was read the third time. The question being: "Shall CSHB 182(FIN) am pass the House?" The roll was taken with the following result: CSHB 182(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring, Masek Excused: Bunde, Hayes, Ogan And so, CSHB 182(FIN) am passed the House. Representative James moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change(s). There being no objection, it was so ordered. Representative James 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. Representative Guess gave notice of reconsideration of the vote on CSHB 182(FIN) am.