Legislature(2021 - 2022)
2022-03-02 House Journal
Full Journal pdf2022-03-02 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. 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." 2022-03-02 House Journal Page 1992 Amendment No. 15 was not offered. Amendment No. 16 was offered by Representative Rasmussen: Page 1, line 2 (title amendment): Delete "liability for" Page 1, line 2, following "taxes;": Insert "relating to vehicle rental fees;" Page 3, line 28, following "who": Insert "(A)" Page 3, line 30, following "state;": Insert "and (B) rents four or more vehicles in the state;" Representative Rasmussen moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Fields objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: HB 90 Second Reading Amendment No. 16 YEAS: 20 NAYS: 17 EXCUSED: 2 ABSENT: 1 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher, Shaw, Tarr, Thompson, Tilton, Vance Nays: Claman, Drummond, Fields, Foster, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tuck, Wool, Zulkosky Excused: Edgmon, Patkotak Absent: Hannan And so, Amendment No. 16 was adopted and the new title follows: 2022-03-02 House Journal Page 1993 HOUSE BILL NO. 90 am "An Act relating to rental vehicles; relating to vehicle rental networks; relating to vehicle rental taxes; relating to vehicle rental fees; and providing for an effective date." Representative Tuck moved and asked unanimous consent that Representative Hannan be excused from a call of the House today. There being no objection, it was so ordered. Amendment No. 17 was offered by Representative Rasmussen: Page 3, following line 10: Insert a new bill section to read: "* Sec. 7. AS 45.45 is amended by adding a new section to read: Sec. 45.45.457. Fuel costs. A vehicle rental business may not charge a renter more than 110 percent of the average market price of fuel in the community where the rental originated to fuel a rental vehicle." Renumber the following bill sections accordingly. Representative Rasmussen moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Wool objected. Amendment No. 1 to Amendment No. 17 was offered by Representatives Tarr and Rasmussen: Page 1, line 5: Delete "110" Insert "150" Representative Tarr moved and asked unanimous consent that Amendment No. 1 to Amendment No. 17 be adopted. Representative McCabe objected. The question being: "Shall Amendment No. 1 to Amendment No. 17 be adopted?" The roll was taken with the following result: 2022-03-02 House Journal Page 1994 HB 90 am Second Reading Amendment No. 1 to Amendment No. 17 YEAS: 13 NAYS: 24 EXCUSED: 3 ABSENT: 0 Yeas: Claman, Drummond, Fields, Kreiss-Tomkins, Merrick, Ortiz, Rasmussen, Snyder, Spohnholz, Stutes, Tarr, Tuck, Zulkosky Nays: Carpenter, Cronk, Eastman, Foster, Gillham, Hopkins, Johnson, Josephson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Schrage, Shaw, Story, Thompson, Tilton, Vance, Wool Excused: Edgmon, Hannan, Patkotak And so, Amendment No. 1 to Amendment No. 17 was not adopted. Amendment No. 2 to Amendment No. 17 was not offered. **The presence of Representative Hannan, who was excused (page 1993), was noted. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: HB 90 am Second Reading Amendment No. 17 YEAS: 10 NAYS: 27 EXCUSED: 2 ABSENT: 1 Yeas: Drummond, Kaufman, McCabe, Merrick, Rasmussen, Rauscher, Tarr, Tilton, Tuck, Zulkosky Nays: Carpenter, Claman, Cronk, Eastman, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, Kurka, LeBon, McCarty, McKay, Ortiz, Prax, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Thompson, Vance, Wool Excused: Edgmon, Patkotak Absent: Nelson And so, Amendment No. 17 was not adopted. 2022-03-02 House Journal Page 1995 Amendment No. 18 was offered by Representative Eastman: Page 4, following line 4: Insert a new bill section to read: "*Sec.8. AS 43.52.020 is repealed effective January 1, 2027." Renumber the following bill sections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 18 be adopted. Representative Wool objected. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: HB 90 am Second Reading Amendment No. 18 YEAS: 20 NAYS: 18 EXCUSED: 2 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Ortiz, Prax, Rasmussen, Rauscher, Shaw, Thompson, Tilton, Vance Nays: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Edgmon, Patkotak And so, Amendment No. 18 was adopted. Representative Josephson moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 16. There was objection. The question being: "Shall the House rescind previous action in adopting Amendment No. 16?" The roll was taken with the following result: 2022-03-02 House Journal Page 1996 HB 90 am Second Reading Rescind Previous Action in Adopting Am No. 16 YEAS: 19 NAYS: 19 EXCUSED: 2 ABSENT: 0 Yeas: Claman, Drummond, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher, Shaw, Thompson, Tilton, Vance Excused: Edgmon, Patkotak And so, Amendment No. 16 was not rescinded. The Speaker stated that, without objection, HB 90 am will be held in second reading to the March 4 calendar.