Legislature(2021 - 2022)

2021-03-25 House Journal

Full Journal pdf

2021-03-25                     House Journal                      Page 0449
HB 36                                                                                                                         
The following, which was held in third reading from the March 24                                                                
calendar (page 415), was before the House:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 36                                                                                                          
     "An Act relating to an application for a license to operate as a                                                           
     dealer in motor vehicles; and requiring a dealer in motor vehicles                                                         
     to maintain liability and property insurance."                                                                             
                                                                                                                                
Representative Eastman moved and asked unanimous consent that HB
36 be returned to second reading for the specific purpose of                                                                    
considering Amendment No. 1.                                                                                                    
                                                                                                                                
Objection was heard and withdrawn. There being no further objection                                                             
it was so ordered.                                                                                                              
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 2 (title amendment):                                                                                               
     Delete the first occurrence of "and"                                                                                     
     Following "insurance":                                                                                                   
         Insert "; and relating to the definition of motor vehicle                                                            
     dealer"                                                                                                                  
                                                                                                                                
Page 3, following line 2:                                                                                                       
     Insert a new bill section to read:                                                                                         

2021-03-25                     House Journal                      Page 0450
"* Sec. 4. AS 08.66.350 is amended to read:                                                                                   
     Sec. 08.66.350. Definitions. In this chapter,                                                                            
              (1)  "buyer's agent" means a person who does business in                                                          
     the state by negotiating on behalf of a buyer the purchase of a                                                            
     motor vehicle from a motor vehicle dealer;                                                                                 
              (2)  "department" means the Department of                                                                         
     Administration;                                                                                                            
              (3)  "motor vehicle" means a motor vehicle that is                                                                
     required to be registered under AS 28.10;                                                                                  
              (4)  "motor vehicle dealer" or "dealer"                                                                           
                  (A)  means                                                                                                    
                       (i)  a buyer's agent; or                                                                                 
                       (ii)  a person, other than a manufacturer, who                                                           
              sells, leases, solicits, or arranges for the sale or lease of                                                     
              12 [FIVE] or more motor vehicles in any 12 consecutive                                                        
               months, regardless of who owns the vehicles;                                                                    
                  (B)  does not include                                                                                         
                       (i)  a receiver, a trustee, an administrator, an                                                         
              executor, a guardian, or another person appointed by a                                                            
              court or a person performing duties as a public officer;                                                          
                       (ii)  a person disposing of a motor vehicle                                                              
              acquired and actually used for the person's own use or for                                                        
              the use of a family member of the person, or acquiring a                                                          
              motor vehicle for the person's own use or for the use of a                                                        
              family member of the person if the vehicle is acquired                                                            
              and used in good faith and not for the purpose of avoiding                                                        
              the provisions of this chapter;                                                                                   
                       (iii)  a person who sells motor vehicles as an                                                           
              incident of the person's principal business but who is not                                                        
              engaged primarily in the selling of motor vehicles;                                                               
                       (iv)  an employee of an organization arranging                                                           
              for the purchase or lease by the organization of a vehicle                                                        
              for use in the organization's business;                                                                           
                       (v)  a publication, broadcast, or other                                                                  
              communications media when engaged in the business of                                                              
              advertising, but not otherwise arranging for the sale of a                                                        
              motor vehicle owned by another person."                                                                           
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     

2021-03-25                     House Journal                      Page 0451
Representative Hannan objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 36                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw,                                                                           
Thompson, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak,                                                                   
Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
HB 36 was automatically in third reading.                                                                                       
                                                                                                                                
The question being:  "Shall HB 36 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
HB 36                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  29   NAYS:  10   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan,                                                                 
Hopkins, Johnson, Josephson, Kreiss-Tomkins, LeBon, McCarty,                                                                    
Merrick, Nelson, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage,                                                                 
Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool,                                                                   
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Eastman, Gillham, Kaufman, Kurka, McCabe, McKay, Prax,                                                                   
Shaw, Tilton, Vance                                                                                                             
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                

2021-03-25                     House Journal                      Page 0452
And so, HB 36 passed the House and was referred to the Chief Clerk                                                              
for engrossment.