Legislature(2017 - 2018)

2017-04-09 House Journal

Full Journal pdf

2017-04-09                     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.