Legislature(2021 - 2022)
2022-03-02 House Journal
Full Journal pdf2022-03-02 House Journal Page 1975 HB 90 The following, which was held from the February 28 calendar (page 1960), was read the second time: 2022-03-02 House Journal Page 1976 HOUSE BILL NO. 90 "An Act relating to rental vehicles; relating to vehicle rental networks; relating to liability for vehicle rental taxes; and providing for an effective date." with the: Journal Page L&C RPT 4DP 3AM 606 FN1: ZERO(GOV/COMBINED) 606 FN2: INDETERMINATE(REV) 606 FIN RPT 5DP 2NR 1760 FN3: ZERO(ADM) 1760 FN4: INDETERMINATE(REV) 1760 Amendment No. 1 was not offered. Amendment No. 2 was offered by Representative Rasmussen: Page 2, lines 22 - 23: Delete "a vehicle licensing cost recovery fee," Insert "[A VEHICLE LICENSING COST RECOVERY FEE,]" Page 2, line 25: Delete "AS 45.45.455" Insert "AS 45.45.455(a)" Page 2, line 26: Delete "Sec. 45.45.455. Vehicle licensing cost recovery fee." Page 2, lines 27 - 30: Delete "unless the vehicle licensing cost recovery fee represents a good faith estimate by the vehicle rental [CAR] business of the average daily cost to the vehicle rental [CAR] business of recovering its actual total annual licensing costs in the state during a calendar year" Insert "[UNLESS THE VEHICLE LICENSING COST RECOVERY FEE REPRESENTS A GOOD FAITH ESTIMATE BY THE RENTAL CAR BUSINESS OF THE AVERAGE DAILY COST TO THE RENTAL CAR BUSINESS OF RECOVERING ITS ACTUAL TOTAL ANNUAL LICENSING COSTS IN THE STATE DURING A CALENDAR YEAR]" 2022-03-02 House Journal Page 1977 Page 2, line 31, through page 3, line 10: Delete all material. Page 4, following line 4: Insert a new bill section to read: "* Sec. 8. AS 45.45.455(b) and 45.45.455(c) are repealed." Renumber the following bill section accordingly. Representative Rasmussen moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Wool objected. Representatives McCabe, Merrick, and Rasmussen moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and they were required to vote. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 2 YEAS: 17 NAYS: 22 EXCUSED: 0 ABSENT: 1 Yeas: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, McCabe, McCarty, McKay, Merrick, Rasmussen, Rauscher, Shaw, Tarr, Thompson, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, LeBon, Nelson, Ortiz, Prax, Schrage, Snyder, Spohnholz, Story, Stutes, Tuck, Wool, Zulkosky Absent: Patkotak And so, Amendment No. 2 was not adopted. Representative Tuck moved and asked unanimous consent that Representative Patkotak be excused from a call of the House today. There being no objection, it was so ordered. 2022-03-02 House Journal Page 1978 Amendment No. 3 was offered by Representative Rasmussen: Page 1, line 1, following "networks;" (title amendment): Insert "relating to the passenger vehicle rental tax;" Page 1, following line 6: Insert a new bill section to read: "* Sec. 2. AS 43.52.020 is amended to read: Sec. 43.52.020. Rate of passenger vehicle rental tax. The rate of the tax levied in AS 43.52.010 is (1) three percent of the total fees and costs charged for the lease or rental of a passenger vehicle arranged or executed through a vehicle rental network; (2) 10 percent of the total fees and costs charged for the lease or rental of a [THE] passenger vehicle not arranged or executed though a vehicle rental network." Renumber the following bill sections accordingly. Page 2, lines 4 - 5: Delete "and "vehicle rental network" have the meanings" Insert "has the meaning" Page 2, following line 5: Insert a new bill section to read: "* Sec. 5. AS 43.52.099 is amended by adding a new paragraph to read: (6) "vehicle rental network" has the meaning given in AS 45.45.459." Renumber the following bill sections accordingly. Representative Rasmussen moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Wool objected. Amendment No. 1 to Amendment No. 3 was offered by Representative Eastman: 2022-03-02 House Journal Page 1979 Page 1, line 9: Delete "total fees and" Page 1, line 12: Delete "total fees and" Representative Eastman moved and asked unanimous consent that Amendment No. 1 to Amendment No. 3 be adopted. Objection was heard and removed. There being no further objection Amendment No 1 to Amendment No. 3 was adopted. The question being: "Shall Amendment No. 3 as amended be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 3 as amended YEAS: 17 NAYS: 20 EXCUSED: 1 ABSENT: 2 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McKay, Merrick, Rasmussen, Rauscher, Shaw, Snyder, Thompson, Tilton, Tuck Nays: Claman, Drummond, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, McCarty, Nelson, Ortiz, Prax, Schrage, Spohnholz, Story, Stutes, Tarr, Vance, Wool, Zulkosky Excused: Patkotak Absent: Edgmon, Foster And so, Amendment No. 3 as amended was not adopted. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Eastman: Page 3, line 28: Delete "person who" Insert "for-profit business that" 2022-03-02 House Journal Page 1980 Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Fields objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 5 YEAS: 14 NAYS: 23 EXCUSED: 1 ABSENT: 2 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McKay, Rasmussen, Rauscher, Shaw, Tilton, Vance Nays: Claman, Drummond, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, McCarty, Merrick, Nelson, Ortiz, Prax, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Excused: Patkotak Absent: Edgmon, Foster And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Eastman: Page 1, line 2 (title amendment): Delete "liability for" Following "taxes;": Insert "relating to rental car fees;" Page 2, following line 5: Insert new bill sections to read: "* Sec. 4. AS 43.52.099(2) is amended to read: (2) "passenger vehicle" means a motor vehicle as defined in AS 28.90.990 that has four wheels and is driven or moved on a highway or other public right-of-way in the state, but does not include (A) a commercial motor vehicle as that term is 2022-03-02 House Journal Page 1981 defined in AS 28.90.990; (B) emergency or fire equipment that is necessary to the preservation of life or property; (C) a farm vehicle that is controlled and operated by a farmer, used to transport agricultural products, farm machinery, or farm supplies to or from that farmer's farm, not used in the operations of a common or contract motor carrier, and used within 150 miles of the farmer's farm; (D) a recreational vehicle; (E) a taxicab; (F) a rental truck; in this subparagraph, "rental truck" means a motor vehicle with a gross vehicle weight rating greater than 8,500 pounds that is designed, used, or maintained primarily for the transportation of personal property; * Sec. 5. AS 43.52.099(3) is amended to read: (3) "recreational vehicle" means (A) a four-wheeled motor vehicle or trailer for recreational dwelling purposes; (B) a four-wheeled motor home or other vehicle with a motor home body style; (C) a four-wheeled, one-piece camper vehicle; and (D) any other four-wheeled, self-propelled vehicle with living quarters; (G) a vehicle provided by an automobile dealer to a customer as replacement transportation during warranty, recall, or service contract repairs if the dealer does not receive compensation from the customer; or (H) a motorcycle or a motor-driven cycle as those terms are defined in AS 28.90.990;" Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Fields objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 2022-03-02 House Journal Page 1982 HB 90 Second Reading Amendment No. 6 YEAS: 15 NAYS: 22 EXCUSED: 1 ABSENT: 2 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McKay, Prax, Rasmussen, Rauscher, Shaw, Tilton, Vance Nays: Claman, Drummond, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, McCarty, Merrick, Nelson, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Excused: Patkotak Absent: Edgmon, Foster And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Eastman: Page 1, line 1, following "networks;" (title amendment): Insert "and" Page 1, line 2: Delete "; and providing for an effective date" Page 4, line 5: Delete all material. Representative Eastman moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Fields objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 7 YEAS: 18 NAYS: 20 EXCUSED: 1 ABSENT: 1 2022-03-02 House Journal Page 1983 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McCarty, McKay, Prax, Rasmussen, Rauscher, Shaw, Tarr, Thompson, Tilton, Vance Nays: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, Merrick, Nelson, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tuck, Wool, Zulkosky Excused: Patkotak Absent: Edgmon And so, Amendment No. 7 was not adopted. The Speaker stated that, without objection, the House would recess until 1:15 p.m.; and so, the House recessed at 11:45 a.m. HB 90 The following was before the house in second reading: HOUSE BILL NO. 90 "An Act relating to rental vehicles; relating to vehicle rental networks; relating to liability for vehicle rental taxes; and providing for an effective date." Amendment No. 8 was offered by Representative Eastman: Page 1, line 2 (title amendment): Delete "liability for" Page 2, following line 5: Insert a new bill section to read: "* Sec. 4. AS 43.52.090 is amended to read: Sec. 43.52.090. Exemption. The tax imposed in AS 43.52.010 - 43.52.099 does not apply to (1) leases or rentals for official use to federal, state, or 2022-03-02 House Journal Page 1984 local government agencies or employees; or (2) the lease or rental of an electric bicycle." Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Wool objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 8 YEAS: 18 NAYS: 20 EXCUSED: 1 ABSENT: 1 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Prax, Rasmussen, Rauscher, Shaw, Thompson, Tilton, Vance Nays: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Nelson, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Patkotak Absent: Edgmon And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Eastman: Page 1, line 2 (title amendment): Delete "liability for" Page 2, following line 5: Insert a new bill section to read: "* Sec. 4. AS 43.52.090 is amended to read: Sec. 43.52.090. Exemptions [EXEMPTION]. The tax imposed in AS 43.52.010 - 43.52.099 does not apply to leases or 2022-03-02 House Journal Page 1985 rentals (1) for official use to federal, state, or local government agencies or employees; or (2) made by residents of the state." Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 9 be adopted. There was objection. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 9. There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that Representative Edgmon be excused from the call of the House today. There being no objection, it was so ordered. Amendment No. 10 was offered by Representative Eastman: Page 1, line 2, following "taxes" (title amendment): Insert "relating to the vehicle rental tax account;" Page 4, following line 4: Insert a new bill section to read: "* Sec. 8. AS 43.52.080(c) is repealed." Renumber the following bill section accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: 2022-03-02 House Journal Page 1986 HB 90 Second Reading Amendment No. 10 YEAS: 18 NAYS: 20 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw, Thompson, Tilton, Vance Nays: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Edgmon, Patkotak And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Kurka: Page 1, lines 1 - 2 (title amendment): Delete "relating to liability for" Insert "repealing the passenger vehicle and recreational" Page 1, line 7, through page 2, line 5: Delete all material. Renumber the following bill sections accordingly. Page 2, line 11: Delete "AS 43.52," Page 3, line 17: Delete all material and insert: "(2) "passenger vehicle" means a motor vehicle as defined in AS 28.90.990 that is driven or moved on a highway or other public right-of-way in the state, but does not include (A) a commercial motor vehicle as that term is defined in AS 28.90.990; (B) emergency or fire equipment that is necessary to the preservation of life or property; (C) a farm vehicle that is controlled and operated by a farmer, used to transport agricultural products, farm 2022-03-02 House Journal Page 1987 machinery, or farm supplies to or from that farmer's farm, not used in the operations of a common or contract motor carrier, and used within 150 miles of the farmer's farm; (D) a recreational vehicle; (E) a taxicab; (F) a rental truck; in this subparagraph, "rental truck" means a motor vehicle with a gross vehicle weight rating greater than 8,500 pounds that is designed, used, or maintained primarily for the transportation of personal property; (G) a vehicle provided by an automobile dealer to a customer as replacement transportation during warranty, recall, or service contract repairs if the dealer does not receive compensation from the customer; or (H) a motorcycle or a motor-driven cycle as those terms are defined in AS 28.90.990;" Page 3, line 21: Delete all material and insert: "(4) "recreational vehicle" means (A) a motor vehicle or trailer for recreational dwelling purposes; (B) a motor home or other vehicle with a motor home body style; (C) a one-piece camper vehicle; and (D) any other self-propelled vehicle with living quarters;" Page 4, following line 4: Insert a new bill section to read: "* Sec. 6. AS 43.52.010, 43.52.020, 43.52.030, 43.52.040, 43.52.050, 43.52.060, 43.52.070, 43.52.080, 43.52.090, and 43.52.099 are repealed." Renumber the following bill section accordingly. Representative Kurka moved and asked unanimous consent that Amendment No. 11 be adopted. 2022-03-02 House Journal Page 1988 Representative Fields objected. Representative Wool rose to a point of order regarding confining remarks to the amendment before the body. The Speaker cautioned the member to confine remarks to the amendment. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 11 YEAS: 17 NAYS: 21 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McKay, Nelson, Prax, Rasmussen, Rauscher, Shaw, Thompson, Tilton Nays: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, McCarty, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Vance, Wool, Zulkosky Excused: Edgmon, Patkotak And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Kurka: Page 1, line 1, following "networks;" (title amendment): Insert "relating to the passenger vehicle rental tax;" Page 1, following line 6: Insert a new bill section to read: "* Sec. 2. AS 43.52.020 is amended to read: Sec. 43.52.020. Rate of passenger vehicle rental tax. The rate of the tax levied in AS 43.52.010 is three [10] percent of the total fees and costs charged for the lease or rental of the passenger vehicle." Renumber the following bill sections accordingly. 2022-03-02 House Journal Page 1989 Representative Kurka moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Fields objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 12 YEAS: 19 NAYS: 19 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher, Shaw, Thompson, Tilton, Vance Nays: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Edgmon, Patkotak And so, Amendment No. 12 was not adopted. Amendment No. 13 was not offered. Amendment No. 14 was offered by Representative Eastman: Page 1, line 2 (title amendment): Delete "liability for" Page 2, following line 5: Insert a new bill section to read: "* Sec. 4. AS 43.52.090 is amended to read: Sec. 43.52.090. Exemptions [EXEMPTION]. The tax imposed in AS 43.52.010 - 43.52.099 does not apply to leases or rentals (1) for official use to federal, state, or local government agencies or employees; or (2) to a person who (A) is not a resident of this state; and 2022-03-02 House Journal Page 1990 (B) is in this state because the person is serving as a member of the armed forces of the United States." Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Wool objected. Amendment No. 1 to Amendment No. 14 was offered by Representative Kurka: Page 1, line 9: Delete: "federal," Representative Kurka moved and asked unanimous consent that Amendment No. 1 to Amendment No. 14 be adopted. Representative Wool objected. The question being: "Shall Amendment No. 1 to Amendment No. 14 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 1 to Amendment No. 14 YEAS: 13 NAYS: 25 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Eastman, Johnson, Kaufman, Kurka, LeBon, McCabe, McKay, Prax, Rauscher, Shaw, Thompson, Tilton Nays: Claman, Cronk, Drummond, Fields, Foster, Gillham, Hannan, Hopkins, Josephson, Kreiss-Tomkins, McCarty, Merrick, Nelson, Ortiz, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Vance, Wool, Zulkosky Excused: Edgmon, Patkotak And so, Amendment No. 1 to Amendment No. 14 was not adopted. 2022-03-02 House Journal Page 1991 The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 14 YEAS: 17 NAYS: 21 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McKay, Nelson, Prax, Rasmussen, Rauscher, Shaw, Thompson, Tilton Nays: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, McCarty, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Vance, Wool, Zulkosky Excused: Edgmon, Patkotak And so, Amendment No. 14 was not adopted. The Speaker stated that, without objection, the House would recess until 3:00 p.m.; and so, the House recessed at 2:32 p.m.