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2022-03-02 House Journal

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2022-03-02                     House Journal                      Page 1983
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.