Legislature(2017 - 2018)

2017-03-23 Senate Journal

Full Journal pdf

2017-03-23                     Senate Journal                      Page 0615
SB 14                                                                                                                         
Senator Egan offered Amendment No. 2 :                                                                                           
                                                                                                                                
Page 5, line 11, following "vehicle":                                                                                           
     Insert ", except for vehicle safety or inspection purposes"                                                                
                                                                                                                                
Page 11, following line 26:                                                                                                     
     Insert a new subsection to read:                                                                                           
          "(b) The prohibition on regulation under (a) of this section                                                          
     does not include the imposition of                                                                                         
              (1)  vehicle safety or inspection requirements; or                                                                
              (2)  inspection fees or charges."                                                                                 
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Senator Egan moved for the adoption of Amendment No. 2. Senator                                                                 
Micciche objected.                                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski, Wilson                                                                              
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof                                                                                                                       
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0616
Senator Egan offered Amendment No. 3 :                                                                                           
                                                                                                                                
Page 11, following line 26:                                                                                                     
     Insert a new subsection to read:                                                                                           
          "(b)  The prohibition on regulation under (a) of this section                                                         
     does not include imposition of a municipal sales tax that taxes a                                                          
     trip originating in the municipality in the same manner that other                                                         
     services are taxed in the municipality."                                                                                   
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Senator Egan moved for the adoption of Amendment No. 3. Senator                                                                 
MacKinnon objected.                                                                                                             
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 3?                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 3 failed.                                                                                                 
                                                                                                                                
Senator Begich offered Amendment No. 4 :                                                                                         
                                                                                                                                
Page 9, line 11, following "requirements.":                                                                                   
          Insert "(a)"                                                                                                          
                                                                                                                                
Page 9, following line 26:                                                                                                      
          Insert a new subsection to read:                                                                                      
                   "(b) A transportation network company shall                                                                  
          permanently disqualify an individual from accepting trip                                                              

2017-03-23                     Senate Journal                      Page 0617
          requests through its digital network if the person is currently                                                       
          listed on the National Sex Offender Public Website                                                                    
           established by the United States Department of Justice."                                                            
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 4. Senator                                                               
Micciche objected.                                                                                                              
                                                                                                                                
Senator Begich moved and asked unanimous consent for the adoption                                                               
of the following amendment to Amendment No. 4:                                                                                  
                                                                                                                                
Page 1, line 6:                                                                                                                 
 Delete "permanently"                                                                                                           
                                                                                                                                
Without objection, Amendment No. 4 was amended.                                                                                 
                                                                                                                                
Senator Micciche withdrew his objection to Amendment No. 4. There                                                               
being no further objection, Amendment No. 4 as amended was                                                                      
adopted.                                                                                                                        
                                                                                                                                
Senator Gardner offered Amendment No. 5 :                                                                                        
                                                                                                                                
Page 2, following line 4:                                                                                                       
     Insert a new bill section to read:                                                                                         
   "* Sec. 3. AS 12.62.400(a) is amended to read:                                                                             
          (a)  To obtain a national criminal history record check for                                                           
     determining a person's qualifications for a license, permit,                                                               
     registration, employment, or position, a person shall submit the                                                           
     person's fingerprints to the department with the fee established by                                                        
     AS 12.62.160. The department may submit the fingerprints to the                                                            
     Federal Bureau of Investigation to obtain a national criminal                                                              
     history record check of the person for the purpose of evaluating a                                                         
     person's qualifications for                                                                                                
              (1)  a license or conditional contractor's permit to                                                              
     manufacture, sell, offer for sale, possess for sale or barter, traffic                                                     
     in, or barter an alcoholic beverage under AS 04.11;                                                                        
              (2)  licensure as a mortgage lender, a mortgage broker, or                                                        
     a mortgage loan originator under AS 06.60;                                                                                 
              (3)  admission to the Alaska Bar Association under                                                                
     AS 08.08;                                                                                                                  
              (4)  licensure as a collection agency operator under                                                              
     AS 08.24;                                                                                                                  

2017-03-23                     Senate Journal                      Page 0618
              (5)  a certificate of fitness to handle explosives under                                                          
     AS 08.52;                                                                                                                  
              (6)  licensure as a massage therapist under AS 08.61;                                                             
              (7)  licensure to practice nursing or certification as a                                                          
     nurse aide under AS 08.68;                                                                                                 
              (8)  certification as a real estate appraiser under AS 08.87;                                                     
              (9)  a position involving supervisory or disciplinary                                                             
     power over a minor or dependent adult for which criminal justice                                                           
     information may be released under AS 12.62.160(b)(9);                                                                      
              (10)  a teacher certificate under AS 14.20;                                                                       
              (11)  a registration or license to operate a marijuana                                                            
     establishment under AS 17.38;                                                                                              
              (12)  licensure as a security guard under AS 18.65.400 -                                                          
     18.65.490;                                                                                                                 
              (13)  a concealed handgun permit under AS 18.65.700 -                                                             
     18.65.790;                                                                                                                 
              (14)  licensure as an insurance producer, managing                                                                
     general agent, reinsurance intermediary broker, reinsurance                                                                
     intermediary manager, surplus lines broker, or independent                                                                 
     adjuster under AS 21.27;                                                                                                   
              (15)  serving and executing process issued by a court by a                                                        
     person designated under AS 22.20.130;                                                                                      
              (16)  a school bus driver license under AS 28.15.046;                                                             
              (17)  licensure as an operator or an instructor for a                                                             
     commercial driver training school under AS 28.17;                                                                          
              (18)  registration as a broker-dealer, agent, investment                                                          
     adviser representative, or state investment adviser under                                                                  
     AS 45.55.030 - 45.55.060;                                                                                              
                 (19)  position as a driver under AS 28.23."                                                               
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 9, line 11, following "requirements.":                                                                                   
     Insert "(a)"                                                                                                               
                                                                                                                                
Page 9, line 16, following "number,":                                                                                           
     Insert "the individual's fingerprints and the fees required by the                                                         
Department of Public Safety under AS 12.62.160 for criminal justice                                                             
information and a national criminal history record check,"                                                                      
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0619
Page 9, lines 19 - 24:                                                                                                          
     Delete all material and insert:                                                                                            
              "(2)  submit the individual's fingerprints to the                                                                 
     Department of Public Safety to obtain a report of criminal justice                                                         
     information under AS 12.62 and a national criminal history record                                                          
     check under AS 12.62.400; the Department of Public Safety shall                                                            
     submit the fingerprints to the Federal Bureau of Investigation for a                                                       
     national criminal history record check; and"                                                                               
                                                                                                                                
Page 9, following line 26:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(b)  A transportation network company may not allow an                                                               
     individual to accept trip requests through its digital network and                                                         
     shall disqualify an individual who                                                                                         
              (1) as shown on the local or national criminal background                                                         
     check, has been convicted within the last seven years of                                                                   
                   (A) a crime against a person under AS 11.41;                                                                 
                   (B) an offense under AS 11.46.100 - 11.46.295;                                                               
                   (C) vehicle theft under AS 11.46.360 or 11.46.365;                                                           
                   (D) driving while license canceled, suspended,                                                               
          revoked, or in violation of a limitation under AS 28.15.291;                                                          
                   (E) a crime under AS 28.33.030, AS 28.35.030, or                                                             
          28.35.032;                                                                                                            
                   (F) a violation of AS 28.35.060;                                                                             
                   (G) failure to stop at the direction of a peace officer                                                      
          under AS 28.35.182;                                                                                                   
                   (H) reckless or negligent driving under AS 28.35.400                                                         
          or 28.35.410;                                                                                                         
                   (I) a law or ordinance of another jurisdiction having                                                        
          similar elements to an offense listed in (A) - (H); or                                                                
                   (J) any offense that is a felony in this or another                                                          
          jurisdiction;                                                                                                         
              (2) is listed on the United States Department of Justice                                                          
     National Sex Offender Public Website;                                                                                      
              (3) has been ordered to complete an alcohol or controlled                                                         
     substance education, treatment, or rehabilitation program by a                                                             
     court in the last seven years; or                                                                                          
              (4) has been convicted of or forfeited bail for more than                                                         
     four moving traffic violations in the past three years."                                                                   
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0620
Senator Gardner moved for the adoption of Amendment No. 5.                                                                      
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 5?                                                                                                                
                                                                                                                                
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Dunleavy, Egan, Gardner, Hoffman, Stevens,                                                                       
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Giessel, Hughes, Kelly, MacKinnon,                                                            
Meyer, Micciche, Stedman, von Imhof                                                                                             
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 5 failed.                                                                                                 
                                                                                                                                
Senator Gardner offered Amendment No. 6 :                                                                                        
                                                                                                                                
Page 9, line 11, following "requirements.":                                                                                   
     Insert "(a)"                                                                                                               
                                                                                                                                
Page 9, following line 26:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(b)  A transportation network company may not allow a                                                                
     driver to accept trip requests, and a driver shall immediately notify                                                      
     the transportation network company, if the driver                                                                          
              (1) has been convicted of                                                                                         
                   (A)  a crime against a person under AS 11.41;                                                                
                   (B)  an offense under AS 11.46.100 - 11.46.295;                                                              
                   (C)  vehicle theft under AS 11.46.360 or 11.46.365;                                                          
                   (D)  driving while license canceled, suspended,                                                              
          revoked, or in violation of a limitation under AS 28.15.291;                                                          
                   (E)  a crime under AS 28.33.030, AS 28.35.030, or                                                            
          28.35.032;                                                                                                            
                   (F)  a violation of AS 28.35.060;                                                                            
                   (G)  failure to stop at the direction of a peace officer                                                     
          under AS 28.35.182;                                                                                                   

2017-03-23                     Senate Journal                      Page 0621
                   (H)  reckless or negligent driving under                                                                     
          AS 28.35.400 or 28.35.410;                                                                                            
                   (I)  a law or ordinance of another jurisdiction having                                                       
          similar elements to an offense listed in (A) - (H); or                                                                
                   (J)  any offense that is a felony in this or another                                                         
          jurisdiction;                                                                                                         
              (2)  is listed on the United States Department of Justice                                                         
     National Sex Offender Public Website;                                                                                      
              (3)  has been ordered to complete an alcohol or controlled                                                        
     substance education, treatment, or rehabilitation program by a                                                             
     court; or                                                                                                                  
              (4)  has been convicted of or forfeited bail for a fourth or                                                      
     subsequent moving traffic violation in the past three years."                                                              
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 6.                                                                      
Senator Micciche objected.                                                                                                      
                                                                                                                                
Senator Gardner moved and asked unanimous consent for the adoption                                                              
of the following amendment to Amendment No. 6:                                                                                  
                                                                                                                                
Page 1, line 7, following "requests":                                                                                           
 Insert "for four years"                                                                                                        
                                                                                                                                
Page 2, lines 3 and 4:                                                                                                          
 Delete all material.                                                                                                           
                                                                                                                                
Senator Micciche objected, then withdrew his objection. There being                                                             
no further objection, Amendment No. 6 was amended.                                                                              
                                                                                                                                
Senator Micciche withdrew his objection to Amendment No. 6. There                                                               
being no further objection, Amendment No. 6 as amended was                                                                      
adopted.                                                                                                                        
                                                                                                                                
Amendment No. 7 was not offered.                                                                                                
                                                                                                                                
Amendment No. 8 was not offered.                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0622
Senator Wielechowski offered Amendment No. 9 :                                                                                   
                                                                                                                                
Page 5, line 18, following "driver.":                                                                                           
  Insert "During a state of emergency declared by the governor or an                                                            
authorized representative of the federal government, a transportation                                                           
network company may not increase a fare or make a change to the fare                                                            
calculation method that would result in an increased fare."                                                                     
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 9.                                                                 
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 9?                                                                                                                
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 9 failed.                                                                                                 
                                                                                                                                
Senator Wielechowski offered Amendment No. 10 :                                                                                  
                                                                                                                                
Page 10, line 4:                                                                                                                
     Delete "Records."                                                                                                        
     Insert "Records; confidentiality of records and information.                                                             
(a)"                                                                                                                            
                                                                                                                                
Page 10, following line 11:                                                                                                     
     Insert a new subsection to read:                                                                                           
          "(b)  Unless ordered by a court to disclose to a third party                                                          
     personal information about a rider within the context of a criminal                                                        
     investigation or proceeding, a transportation network company                                                              
     and a transportation network company driver may not disclose to a                                                          
     third party personal information about a rider, including                                                                  

2017-03-23                     Senate Journal                      Page 0623
              (1)  the rider's home address, phone number, banking and                                                          
      credit card information, and destination or pick-up location; and                                                        
              (2)  any photographs of the rider."                                                                               
                                                                                                                                
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 10.                                                                
Senator Micciche objected.                                                                                                      
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 10 be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 10?                                                                                                               
                                                                                                                                
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Dunleavy, Egan, Gardner, Hughes,                                                                         
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Nays:  Coghill, Costello, Giessel, Hoffman, Kelly, MacKinnon,                                                                   
Meyer, Micciche, Stedman, Stevens, von Imhof                                                                                    
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 10 failed.                                                                                                
                                                                                                                                
                                                                                                                                
Senator Begich offered Amendment No. 11 :                                                                                        
                                                                                                                                
                                                                                                                                
Page 9, line 11, following "requirements.":                                                                                   
     Insert "A transportation network company driver must be at least                                                           
21 years of age and have a minimum of three years of driving                                                                    
experience."                                                                                                                    
                                                                                                                                
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 11.                                                                      
Senator Micciche objected.                                                                                                      
                                                                                                                                
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0624
The question being:  "Shall Amendment No. 11 be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 11?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 11 failed.                                                                                                
                                                                                                                                
Senator Begich offered Amendment No. 12 :                                                                                        
                                                                                                                                
Page 9, following line 4:                                                                                                       
     Insert a new section to read:                                                                                              
          "Sec. 28.23.085. Minimum wage. Notwithstanding                                                                      
     AS 23.10.055 and AS 28.23.080, a transportation network                                                                    
     company driver who provides a prearranged ride or is otherwise                                                             
     logged onto the digital network of a transportation network                                                                
     company as a driver is entitled to the minimum wage under                                                                  
     AS 23.10.065, regardless of whether the driver is an employee of                                                           
     a transportation network company."                                                                                         
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 12.                                                                      
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 12 be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 12?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0625
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 12 failed.                                                                                                
                                                                                                                                
Senator Begich offered Amendment No. 13 :                                                                                        
                                                                                                                                
Page 9, following line 4:                                                                                                       
     Insert a new section to read:                                                                                              
          "Sec. 28.23.085. Payment for overtime. Notwithstanding                                                              
     AS 23.10.055 and AS 28.23.080, a transportation network                                                                    
     company shall pay overtime compensation required under                                                                     
     AS 23.10.060 to a transportation network company driver who is                                                             
     logged onto the digital network of a transportation network                                                                
     company in excess of 40 hours a week or for more than eight                                                                
        hours a day, regardless of whether the driver is an employee."                                                         
                                                                                                                                
Senator Begich moved for the adoption of Amendment No. 13.                                                                      
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 13 be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 13?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 13 failed.                                                                                                
                                                                                                                                
Amendment No. 14 was not offered.                                                                                               
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0626
Senator Wielechowski offered Amendment No. 15 :                                                                                  
                                                                                                                                
Page 10, following line 11:                                                                                                     
     Insert a new section to read:                                                                                              
          "Sec. 28.23.130. Adjudication. (a) A transportation network                                                         
     company may not require a transportation network company                                                                   
     driver or rider to agree to a contractual provision that would                                                             
              (1) require the transportation network company driver or                                                          
     rider to adjudicate a claim arising in this state outside of this state;                                                   
     or                                                                                                                         
              (2) deprive the transportation network company driver or                                                          
     rider of the substantive protection of the law of this state with                                                          
     respect to a controversy arising in this state.                                                                            
          (b) Any provision of a contract that violates (a) of this section                                                     
     is voidable by the transportation network company driver or rider;                                                         
     the matter must be adjudicated in the state, and state law governs                                                         
     the dispute.                                                                                                               
          (c) In this section, "adjudicate" includes litigate and arbitrate."                                                   
                                                                                                                                
Page 12, following line 1:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 9. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
     APPLICABILITY. The provisions of AS 28.23.130, added by sec.                                                               
6 of this Act, apply to contracts entered into, modified, or extended on                                                        
or after the effective date of this Act."                                                                                       
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 15.                                                                
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 15 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 15?                                                                                                               
                                                                                                                                
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0627
Yeas:  Begich, Dunleavy, Egan, Gardner, Wielechowski, Wilson                                                                    
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Giessel, Hoffman, Hughes, Kelly,                                                              
MacKinnon, Meyer, Micciche, Stedman, Stevens, von Imhof                                                                         
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 15 failed.                                                                                                
                                                                                                                                
Senator Gardner offered Amendment No. 16 :                                                                                       
                                                                                                                                
Page 8, following line 22:                                                                                                      
     Insert a new section to read:                                                                                              
          "Sec. 28.23.075. Vehicle registration and driver's license                                                          
     required. (a) A vehicle operated by a transportation network                                                             
     company driver who is logged onto the digital network of a                                                                 
     transportation network company or is engaged in a prearranged                                                              
     ride must be registered and display registration plates as required                                                        
     under AS 28.10.                                                                                                            
          (b)  If a vehicle under this section is registered outside the                                                        
     state and has entered the state, the vehicle must be registered                                                            
     under AS 28.10.121, 28.10.131, or another provision of AS 28.10,                                                           
     or temporarily registered under AS 28.10.152, before the vehicle                                                           
     may be operated by a transportation network company driver who                                                             
     is logged onto the digital network of a transportation network                                                             
     company or is engaged in a prearranged ride.                                                                               
          (c) A transportation network company driver shall have a                                                              
     valid Alaska driver's license."                                                                                            
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 16.                                                                     
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 16 be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 16?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0628
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 16 failed.                                                                                                
                                                                                                                                
Senator Wielechowski offered Amendment No. 17 :                                                                                  
                                                                                                                                
Page 9, line 11, following "requirements.":                                                                                   
     Insert "(a)"                                                                                                               
                                                                                                                                
Page 9, following line 26:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(b)  A transportation network company driver may drive for                                                           
     a maximum of 10 hours after eight consecutive hours off duty. A                                                            
     transportation network company driver may not drive more than                                                              
     60 hours in seven consecutive days."                                                                                       
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 17.                                                                
Senator MacKinnon objected.                                                                                                     
                                                                                                                                
The question being:  "Shall Amendment No. 17 be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 17?                                                                                                               
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Egan, Gardner, Wielechowski                                                                              
                                                                                                                                
Nays:  Coghill, Costello, Dunleavy, Giessel, Hoffman, Hughes, Kelly,                                                            
MacKinnon, Meyer, Micciche, Stedman, Stevens, von Imhof, Wilson                                                                 
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 17 failed.                                                                                                
                                                                                                                                
Senator Wielechowski offered Amendment No. 18 :                                                                                  
                                                                                                                                
Page 5, line 29, through page 6, line 4:                                                                                        

2017-03-23                     Senate Journal                      Page 0629
     Delete all material and insert:                                                                                            
          "Sec. 28.23.050. Financial responsibility of transportation                                                         
     network companies. (a) A transportation network company                                                                  
     driver, and a transportation network company on behalf of the                                                              
     driver, shall maintain, as required by this section, primary                                                               
     automobile insurance that recognizes that the driver is a                                                                  
     transportation network company driver or otherwise uses a vehicle                                                          
     to transport passengers for compensation and that covers the                                                               
     driver while the driver is logged onto the digital network of a                                                            
     transportation network company and while the driver is engaged                                                             
     in a prearranged ride."                                                                                                    
                                                                                                                                
Page 6, lines 26 - 31:                                                                                                          
     Delete all material and insert:                                                                                            
              "(3)  the coverage requirements of this subsection shall be                                                       
     satisfied by automobile insurance maintained by the transportation                                                         
     network company."                                                                                                          
                                                                                                                                
Page 7, line 1:                                                                                                                 
     Delete "or (c)"                                                                                                            
                                                                                                                                
Page 7, line 16, following "(h)":                                                                                               
     Insert "A transportation network company shall provide a                                                                   
transportation network company driver with the insurance coverage                                                               
information of the transportation network company before the driver                                                             
engages in a prearranged ride."                                                                                                 
                                                                                                                                
Page 8, following line 7:                                                                                                       
     Insert a new paragraph to read:                                                                                            
              "(2)  that the transportation network company will                                                                
     provide primary liability and uninsured or underinsured coverage                                                           
     while the driver is engaged in a prearranged ride;"                                                                        
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 8, line 11:                                                                                                                
     Delete "or is engaged in a prearranged ride"                                                                               
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 18.                                                                
Senator Micciche objected.                                                                                                      
                                                                                                                                
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0630
The question being:  "Shall Amendment No. 18 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 18?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 18 failed.                                                                                                
                                                                                                                                
Senator Wielechowski offered Amendment No. 19 :                                                                                  
                                                                                                                                
Page 10, line 8:                                                                                                                
     Delete "and"                                                                                                               
                                                                                                                                
Page 10, following line 8:                                                                                                      
     Insert a new paragraph to read:                                                                                            
              "(2)  required to be collected by the transportation                                                              
     network company under AS 28.23.100 for each transportation                                                                 
     network company driver for at least three years after the                                                                  
     agreement between the transportation network company and                                                                   
     driver entered into under AS 28.23.080(4) ends; records                                                                    
     maintained by the transportation network company under this                                                                
     paragraph must be available for inspection upon demand by the                                                              
     state; and"                                                                                                                
                                                                                                                                
Renumber the following paragraph accordingly.                                                                                   
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 19.                                                                
Senator Costello objected.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 19 be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0631
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 19?                                                                                                               
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski, Wilson                                                                              
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof                                                                                                                       
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 19 failed.                                                                                                
                                                                                                                                
Senator Wielechowski offered Amendment No. 20 :                                                                                  
                                                                                                                                
Page 10, line 11, following "ends":                                                                                             
     Insert "; after the agreement between the transportation network                                                           
company and driver entered into under AS 28.23.080(4) ends, the                                                                 
driver must provide all records maintained by the driver to the                                                                 
transportation network company"                                                                                                 
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 20.                                                                
Senator MacKinnon objected.                                                                                                     
                                                                                                                                
The question being:  "Shall Amendment No. 20 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 20?                                                                                                               
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski, Wilson                                                                              
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof                                                                                                                       
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 20 failed.                                                                                                
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0632
Senator Wielechowski offered Amendment No. 21 :                                                                                  
                                                                                                                                
Page 1, lines 6 - 7:                                                                                                            
     Delete "clarify the Alaska Workers' Compensation Act,"                                                                     
                                                                                                                                
Page 3, line 26, through page 5, line 4:                                                                                        
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 8, line 23, through page 9, line 4:                                                                                        
     Delete all material.                                                                                                       
                                                                                                                                
Page 10, line 11:                                                                                                               
     Delete "entered into under AS 28.23.080(4)"                                                                                
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 21.                                                                
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 21 be adopted?" The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 21?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 21 failed.                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0633
Senator Wielechowski offered Amendment No. 22 :                                                                                  
                                                                                                                                
Page 10, following line 11:                                                                                                     
     Insert a new section to read:                                                                                              
          "Sec. 28.23.130. Enforcement and penalty. If a state agency                                                         
     with jurisdiction over a transportation network services company                                                           
     determines, after notice and an opportunity for hearing, that a                                                            
     transportation network company is in violation of an applicable                                                            
     state law, the agency may impose a civil penalty on the                                                                    
     transportation network company in an amount not to exceed                                                                  
     $10,000 for each violation, suspend or prohibit the transportation                                                         
     network company from operating, or take other action allowed by                                                            
     regulation."                                                                                                               
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 22.                                                                
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being: "Shall Amendment No. 22 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 22?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 22 failed.                                                                                                
                                                                                                                                
Senator Gardner offered Amendment No. 23 :                                                                                       
                                                                                                                                
Page 5, following line 6:                                                                                                       
 Insert a new section to read:                                                                                                  
  "Sec. 28.23.005. Administration. The Department of                                                                          
Commerce, Community and Economic Development shall administer                                                                   
this chapter.                                                                                                                   
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0634
Senator Gardner moved for the adoption of Amendment No. 23.                                                                     
Senator Micciche objected.                                                                                                      
                                                                                                                                
The question being: "Shall Amendment No. 23 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 14(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 23?                                                                                                               
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Begich, Egan, Gardner, Wielechowski                                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stedman, Stevens,                                                                    
von Imhof, Wilson                                                                                                               
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, Amendment No. 23 failed.                                                                                                
                                                                                                                                
Senator Gardner offered Amendment No. 24 :                                                                                       
                                                                                                                                
Page 11, line 4:                                                                                                                
 Delete "and related services"                                                                                                  
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 24.                                                                     
Senator Micciche objected.                                                                                                      
                                                                                                                                
Senator Gardner moved and asked unanimous consent to withdraw                                                                   
Amendment No. 24. Without objection, Amendment No. 24 was                                                                       
withdrawn.                                                                                                                      
                                                                                                                                
CS FOR SENATE BILL NO. 14(FIN) am was automatically in third                                                                    
reading.                                                                                                                        
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 14(FIN) am                                                                    
"An Act relating to transportation network companies and                                                                        
transportation network company drivers; and providing for an                                                                    
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                

2017-03-23                     Senate Journal                      Page 0635
CSSB 14(FIN) am                                                                                                                 
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Costello, Dunleavy, Giessel, Hoffman,                                                                   
Hughes, Kelly, MacKinnon, Meyer, Micciche, Stevens, von Imhof,                                                                  
Wilson                                                                                                                          
                                                                                                                                
Nays:  Begich, Egan, Gardner, Stedman, Wielechowski                                                                             
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
and so, CS FOR SENATE BILL NO. 14(FIN) am passed the Senate.                                                                    
                                                                                                                                
Senator Micciche moved and asked unanimous consent that the vote                                                                
on the passage of the bill be considered the vote on the effective date                                                         
clause. Without objection, it was so ordered and the bill was referred                                                          
to the Secretary for engrossment.