Legislature(2007 - 2008)

2008-04-04 House Journal

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2008-04-04                     House Journal                      Page 2612
SB 164                                                                                                                        
The following, which was advanced to third reading from the April 3,                                                            
2008, calendar (page 2581), was read the third time:                                                                            
                                                                                                                                
     CS FOR SENATE BILL NO. 164(JUD)                                                                                            
     "An Act relating to disclosures required for the sale of a used                                                            
     motor vehicle, including a trailer, by a motor vehicle dealer."                                                           
                                                                                                                                
Representative Gara moved and asked unanimous consent that CSSB
164(JUD) 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 Gara:                                                                             
                                                                                                                                
Page 1, line 1, following "Act" (title amendment):                                                                            
     Insert "limiting motor vehicle dealer charges for fees and costs;                                                        
and"                                                                                                                          
                                                                                                                                
Page 1, following line 3:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. AS 45.25.440 is amended to read:                                                                                
         Sec. 45.25.440. Additional fees and costs [ADVERTISED                                                              

2008-04-04                     House Journal                      Page 2613
     PRICE]. (a) When selling a motor vehicle, a motor vehicle dealer                                                         
     may not charge any dealer fees or costs in addition to the                                                         
     advertised or negotiated price, except for                                                                             
              (1)  fees actually paid to a state agency for licensing,                                                      
     registration, or title transfers;                                                                                      
              (2)  charges for optional equipment, for substantial                                                          
     additions to the motor vehicle, for warranties, for services,                                                          
     and for style, design, or color features [, UNLESS THE FEES                                                            
     OR COSTS ARE INCLUDED IN THE ADVERTISED PRICE].                                                                            
              (b)  In this section, "dealer fees or costs" includes dealer                                                      
     preparation fees, document preparation fees, surcharges, charges,                                                      
     and other dealer-imposed fees and costs."                                                                                  
                                                                                                                                
Page 1, line 4:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 1, line 8:                                                                                                                 
     Delete "sec. 1"                                                                                                            
     Insert "sec. 2"                                                                                                            
                                                                                                                                
Page 1, line 14:                                                                                                                
     Delete "sec. 1"                                                                                                            
     Insert "sec. 2"                                                                                                            
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Samuels objected.                                                                                                
                                                                                                                                
Representative Gara placed a call of the House and lifted the call.                                                             
                                                                                                                                
Representative Roses declared a conflict of interest.                                                                           
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                

2008-04-04                     House Journal                      Page 2614
CSSB 164(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  17   NAYS:  20   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara,                                                                      
Gardner, Gatto, Gruenberg, Joule, Kerttula, LeDoux, Lynn, Nelson,                                                               
Salmon, Wilson                                                                                                                  
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Fairclough, Harris, Hawker,                                                                
Johansen, Johnson, Kawasaki, Keller, Kelly, Meyer, Neuman, Olson,                                                               
Ramras, Roses, Samuels, Seaton, Stoltze, Thomas                                                                                 
                                                                                                                                
Excused:  Foster, Guttenberg, Holmes                                                                                            
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
The question being:  "Shall CSSB 164(JUD) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSSB 164(JUD)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  34   NAYS:  3   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Dahlstrom, Doll, Doogan,                                                                
Edgmon, Fairclough, Gardner, Gatto, Harris, Hawker, Johansen,                                                                   
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn,                                                                
Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels,                                                                   
Seaton, Stoltze, Thomas, Wilson                                                                                                 
                                                                                                                                
Nays:  Crawford, Gara, Gruenberg                                                                                                
                                                                                                                                
Excused:  Foster, Guttenberg, Holmes                                                                                            
                                                                                                                                
And so, CSSB 164(JUD) passed the House.                                                                                         
                                                                                                                                
Representative Johnson gave notice of reconsideration of the vote on                                                            
CSSB 164(JUD).                                                                                                                  
                                                                                                                                
Representative Johnson moved and asked unanimous consent that                                                                   
reconsideration of CSSB 164(JUD) be taken up on the same day.                                                                   
                                                                                                                                

2008-04-04                     House Journal                      Page 2615
Representative Gruenberg objected.                                                                                              
                                                                                                                                
Representative Johnson moved and asked unanimous consent to                                                                     
withdraw the motion.  There being no objection, it was so ordered.