Legislature(2021 - 2022)
2021-03-25 House JournalFull 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 Objection was heard and withdrawn.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.