Legislature(2017 - 2018)
2017-04-09 House Journal
Full Journal pdf2017-04-09 House Journal Page 0965 HB 82 The following, which was not taken up on the April 8 calendar (page 946), was read the third time. CS FOR HOUSE BILL NO. 82(STA) "An Act relating to vehicle registration; relating to off-highway restricted areas; and relating to motor vehicle liability insurance." Representative Wilson moved and asked unanimous consent that CSHB 82(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, CSHB 82(STA) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representative Wilson: Page 1, line 4, through page 2, line 18: Delete all material. Page 2, line 19: Delete "Sec. 2" Insert "Section 1" Renumber the following bill sections accordingly. Page 2, following line 23: Insert a new bill section to read: "* Sec. 2. AS 28.10.201(b) is amended to read: 2017-04-09 House Journal Page 0966 (b) The owner of a vehicle described in AS 28.10.011 as being exempt from registration and the owner of a snowmobile or off-highway vehicle may not apply for, nor may the department issue, a certificate of title for the vehicle. However, the department (1) may issue a certificate of title to the owner of a vehicle exempt from registration under AS 28.10.011(3), (6), or (7) [, OR (10)] only upon application by that owner; and (2) except as provided in (e) of this section, shall issue a certificate of title to the owner of a manufactured home upon application, display of evidence of ownership satisfactory to the department, and payment of a fee of $100 by the owner; a certificate of title issued under this paragraph must comply with AS 28.10.231." Renumber the following bill sections accordingly. Page 4, lines 1 - 18: Delete all material and insert: "* Sec. 4. AS 28.22.011(a) is amended to read: (a) The operator or owner of a motor vehicle subject to registration under AS 28.10.011 when driven on a highway, vehicular way or area, or on other public property in the state, shall be insured under a motor vehicle liability policy that complies with this chapter or a certificate of self-insurance that complies with AS 28.20.400 [UNLESS (1) THE MOTOR VEHICLE IS BEING DRIVEN OR MOVED ON A HIGHWAY, VEHICULAR WAY, OR A PUBLIC PARKING PLACE IN THE STATE THAT IS NOT CONNECTED BY A LAND HIGHWAY OR VEHICULAR WAY TO (A) THE LAND-CONNECTED STATE HIGHWAY SYSTEM, OR (B) A HIGHWAY OR VEHICULAR WAY WITH AN AVERAGE DAILY TRAFFIC VOLUME GREATER THAN 499; AND (2) THE OPERATOR HAS NOT BEEN CITED WITHIN THE PRECEDING FIVE YEARS FOR A TRAFFIC LAW VIOLATION WITH A DEMERIT POINT VALUE OF SIX OR MORE ON THE POINT SCHEDULE DETERMINED UNDER REGULATIONS ADOPTED BY THE DEPARTMENT 2017-04-09 House Journal Page 0967 UNDER AS 28.15.221]." Page 4, line 29: Delete all material and insert: "* Sec. 7. AS 28.10.011(10) and AS 28.22.011(b) are repealed." Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 1. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 82(STA) Second Reading Amendment No. 1 YEAS: 9 NAYS: 29 EXCUSED: 1 ABSENT: 1 Yeas: Birch, Chenault, Johnson, Millett, Reinbold, Saddler, Thompson, Tilton, Wilson Nays: Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Rauscher, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Tuck, Westlake, Wool Excused: Neuman Absent: Pruitt And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Wilson: 2017-04-09 House Journal Page 0968 Page 3, lines 8 - 9: Delete "in an area [A COMMUNITY] not included in the list published by the department under AS 28.10.011(b) [AS 28.22.011(b)]" Insert "[IN A COMMUNITY NOT INCLUDED IN THE LIST PUBLISHED BY THE DEPARTMENT UNDER AS 28.22.011(b)]" Page 3, following line 31: Insert a new bill section to read: "* Sec. 4. AS 28.15.201(g) is amended to read: (g) Notwithstanding (d) of this section, a court revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the department when revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant limited license privileges if (1) the revocation was for a felony conviction under AS 28.35.030; (2) the person is participating in and has successfully participated for at least six months in, or has successfully completed, a court-ordered treatment program under AS 28.35.028, and submits verification acceptable to the department; (3) the person provides proof of insurance as required by AS 28.20.230 and 28.20.240; (4) the person is required to use an ignition interlock device during the period of the limited license whenever the person operates a motor vehicle [IN A COMMUNITY NOT INCLUDED IN THE LIST PUBLISHED BY THE DEPARTMENT UNDER AS 28.22.011(b)] and, when applicable, (A) the person provides proof of installation of the ignition interlock device on every vehicle the person operates; (B) the person signs an affidavit acknowledging that (i) operation by the person of a vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license; (ii) circumventing or tampering with the ignition interlock device is a class A misdemeanor; and (iii) the person is required to maintain the ignition interlock device throughout the period of the limited license, to keep up-to-date records in each vehicle 2017-04-09 House Journal Page 0969 showing that any required service and calibration is current, and to produce those records immediately on request; (5) the person has not previously been granted a limited license under this section and had the license revoked under (j) of this section." Renumber the following bill sections accordingly. Page 4, lines 19 - 29: Delete all material and insert: "* Sec. 6. AS 28.22.011(b);AS 28.35.030(t), and 28.35.032(t) are repealed." Representative Wilson moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kreiss-Tomkins objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 82(STA) Second Reading Amendment No. 3 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Johnson, Johnston, Millett, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Wilson Nays: Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tuck, Westlake, Wool Excused: Neuman And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Kreiss-Tomkins: 2017-04-09 House Journal Page 0970 Page 3, following line 31: Insert a new bill section to read: "* Sec. 4. AS 28.15.201(g) is amended to read: (g) Notwithstanding (d) of this section, a court revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the department when revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant limited license privileges if (1) the revocation was for a felony conviction under AS 28.35.030; (2) the person is participating in and has successfully participated for at least six months in, or has successfully completed, a court-ordered treatment program under AS 28.35.028, and submits verification acceptable to the department; (3) the person provides proof of insurance as required by AS 28.20.230 and 28.20.240; (4) the person is required to use an ignition interlock device during the period of the limited license whenever the person operates a motor vehicle in an area [A COMMUNITY] not included in the list published by the department under AS 28.10.011(b) [AS 28.22.011(b)] and, when applicable, (A) the person provides proof of installation of the ignition interlock device on every vehicle the person operates; (B) the person signs an affidavit acknowledging that (i) operation by the person of a vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license; (ii) circumventing or tampering with the ignition interlock device is a class A misdemeanor; and (iii) the person is required to maintain the ignition interlock device throughout the period of the limited license, to keep up-to-date records in each vehicle showing that any required service and calibration is current, and to produce those records immediately on request; (5) the person has not previously been granted a limited license under this section and had the license revoked under (j) of this section." 2017-04-09 House Journal Page 0971 Renumber the following bill sections accordingly. Representative Kreiss-Tomkins moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. CSHB 82(STA) am was automatically in third reading. The Speaker cautioned the member to speak to the bill. Representative Tuck placed a call of the House. The call was satisfied. The question being: "Shall CSHB 82(STA) am pass the House?" The roll was taken with the following result: CSHB 82(STA) am Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Westlake, Wool Nays: Johnson, Saddler, Tilton, Wilson Excused: Neuman And so, CSHB 82(STA) am passed the House. Representative Chenault gave notice of reconsideration of the vote on CSHB 82(STA) am.