Legislature(2021 - 2022)
2022-03-07 House Journal
Full Journal pdf2022-03-07 House Journal Page 2020 HB 90 The following, which could not be considered in the technical session (page 2007), was before the House in second reading: 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." Amendment No. 19 was offered by Representative Wool: 2022-03-07 House Journal Page 2021 Page 1, line 2: (title amendment) Delete "liability for" Page 1, line 2, following "taxes;": Insert "relating to vehicle rental fees;" Page 1, following line 6: Insert new bill sections 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) 10 percent of the total fees and costs charged for the lease or rental of a [THE] passenger vehicle by a vehicle rental business; or (2) eight percent of the total fees and costs charged for the lease or rental of a passenger vehicle by a vehicle rental individual." Renumber the following bill sections accordingly. Page 1, line 12, following "business": Insert "or vehicle rental individual" Page 2, lines 4 - 5: Delete ""vehicle rental business" and "vehicle rental network" have the meanings" Insert ""vehicle rental network" 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 new paragraphs to read: (6) "vehicle rental business" has the meaning given in AS 45.45.459; (7) "vehicle rental individual" has the meaning given in AS 45.45.459;" Renumber the following bill sections accordingly. Page 2, line 7, following "business": Insert "or vehicle rental individual" 2022-03-07 House Journal Page 2022 Page 2, line 13, following "business" in both places: Insert "or vehicle rental individual" in both places Page 2, line 15, following "business": Insert "or vehicle rental individual" Page 2, line 20, following "business" in both places: Insert "or vehicle rental individual" in both places Page 2, line 27, following "business": Insert "or vehicle rental individual" Page 2, line 29, following "business" in both places: Insert "or vehicle rental individual" in both places Page 3, line 1, following "business": Insert "or vehicle rental individual" Page 3, line 2, following "business's": Insert "or vehicle rental individual's" Page 3, line 3, following "business": Insert "or vehicle rental individual" Page 3, line 8, following "business": Insert "or vehicle rental individual" 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;" Page 3, following line 30: Insert a new paragraph to read: "(8) "vehicle rental individual" means a person who (A) engages in the business of renting a vehicle in the state or, through a vehicle rental network, arranging or executing a vehicle rental in the state; and (B) rents three or fewer vehicles in the state" 2022-03-07 House Journal Page 2023 Renumber the following paragraph accordingly. Representative Wool moved and asked unanimous consent that Amendment No. 19 be adopted. Representative McCabe objected. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: HB 90 am Second Reading Amendment No. 19 YEAS: 20 NAYS: 16 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Rauscher, Shaw, Tilton, Vance Excused: Carpenter, Prax, Rasmussen, Thompson And so, Amendment No. 19 was adopted. The Speaker stated that all further amendments to HB 90 must be submitted within fifteen minutes. Representative McCabe moved and asked unanimous consent to rescind action in adopting Amendment No. 19. There was objection. Representative McCabe moved and asked unanimous consent to withdraw the motion to rescind previous action. There being no objection, it was so ordered. Amendment No. 20 was offered by Representative Johnson: Page 1, line 2: (title amendment) Delete "liability for" Page 1, following line 6: Insert a new bill section to read: 2022-03-07 House Journal Page 2024 "* Sec. 2. AS 43.52.010 is amended to read: Sec. 43.52.010. Levy of passenger vehicle rental tax. Except as provided in AS 43.52.070(b) and 43.52.090(b), an excise tax [THERE] is imposed [AN EXCISE TAX] on the charge for the lease or rental of a passenger vehicle in this state if the lease or rental of the passenger vehicle does not exceed a period of 90 consecutive days." Renumber the following bill sections accordingly. Page 2, lines 4 - 5: Delete ""vehicle rental business" and "vehicle rental network" have the meanings" Insert ""vehicle rental network" has the meaning" Page 2, following line 5: Insert new bill sections to read: "* Sec. 5. AS 43.52.070 is amended to read: Sec. 43.52.070. Relationship to municipal levies. Except as provided in (b) of this section, the [THE] taxes imposed by AS 43.52.010 - 43.52.099 are in addition to taxes that may be imposed on vehicle rentals by a municipality under AS 29.45. * Sec. 6. AS 43.52.070 is amended by adding a new subsection to read: (b) If the combination of the state and municipal vehicle rental taxes imposed on a passenger vehicle exceeds 10 percent of total fees and costs charged for the lease or rental of the passenger vehicle, the tax under this chapter is the difference between the municipal tax and 10 percent of the total fees and costs charged for the lease or rental of the passenger vehicle. The tax levied under this chapter is zero if municipal taxes are equal to or exceed 10 percent of the total fees and costs charged for the lease or rental of the passenger vehicle. * Sec. 7. AS 43.52.090 is amended by adding a new subsection to read: (b) For each of the first five consecutive calendar years that a vehicle rental business leases or rents a vehicle, the passenger vehicle tax applies only to fees and costs received for the lease or rental of the vehicle in excess of $20,000 in the calendar year. * Sec. 8. AS 43.52.099 is amended by adding a new paragraph to read: 2022-03-07 House Journal Page 2025 (6) "vehicle rental business" has the meaning given in AS 45.45.459." Renumber the following bill sections accordingly. Representative Johnson moved and asked unanimous consent that Amendment No. 20 be adopted. Representative Wool objected. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: HB 90 am Second Reading Amendment No. 20 YEAS: 15 NAYS: 21 EXCUSED: 4 ABSENT: 0 Yeas: Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe, McCarty, McKay, Nelson, Patkotak, Rauscher, Shaw, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Carpenter, Prax, Rasmussen, Thompson And so, Amendment No. 20 was not adopted. Amendment No. 21 was not offered. Amendment No. 22 was offered by Representative LeBon: 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) five percent of the total fees and costs charged for 2022-03-07 House Journal Page 2026 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 LeBon moved and asked unanimous consent that Amendment No. 22 be adopted. Representative Fields objected. Amendment No. 1 to Amendment No. 22 was offered by Representative Kurka: Page 1, line 12: Delete "10" Insert "5" Representative Kurka moved and asked unanimous consent that Amendment No. 1 to Amendment No. 22 be adopted. Representative Fields objected. The question being: "Shall Amendment No. 1 to Amendment No. 22 be adopted?" The roll was taken with the following result: 2022-03-07 House Journal Page 2027 HB 90 am Second Reading Amendment No. 1 to Amendment No. 22 YEAS: 16 NAYS: 20 EXCUSED: 4 ABSENT: 0 Yeas: Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Rauscher, Shaw, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Carpenter, Prax, Rasmussen, Thompson And so, Amendment No. 1 to Amendment No. 22 was not adopted. Amendment No. 2 to Amendment No. 22 was offered by Representative Eastman: Page 1, line 9: Delete "total fees and" Page 1, line 12: Delete: "total fees and" Insert: "[TOTAL FEES AND]" Representative Eastman moved and asked unanimous consent that Amendment No. 2 to Amendment No. 22 be adopted. Representative Wool objected. The question being: "Shall Amendment No. 2 to Amendment No. 22 be adopted?" The roll was taken with the following result: HB 90 am Second Reading Amendment No. 2 to Amendment No. 22 YEAS: 17 NAYS: 19 EXCUSED: 4 ABSENT: 0 Yeas: Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Rauscher, Shaw, Snyder, Tilton, Vance 2022-03-07 House Journal Page 2028 Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Carpenter, Prax, Rasmussen, Thompson And so, Amendment No. 2 to Amendment No. 22 was not adopted. The question being: "Shall Amendment No. 22 be adopted?" The roll was taken with the following result: HB 90 am Second Reading Amendment No. 22 YEAS: 17 NAYS: 19 EXCUSED: 4 ABSENT: 0 Yeas: Cronk, Drummond, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Rauscher, Shaw, Tilton, Tuck, Vance Nays: Claman, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Wool, Zulkosky Excused: Carpenter, Prax, Rasmussen, Thompson And so, Amendment No. 22 was not adopted. Representative Ortiz moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 18. There was objection. The question being: "Shall the House rescind previous action in adopting Amendment No. 18?" The roll was taken with the following result: HB 90 am Second Reading Rescind Previous Action in Adopting Amendment No. 18 YEAS: 20 NAYS: 16 EXCUSED: 4 ABSENT: 0 2022-03-07 House Journal Page 2029 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Rauscher, Shaw, Tilton, Vance Excused: Carpenter, Prax, Rasmussen, Thompson And so, the motion passed. Amendment No. 18 (page 1995) was before the House. Amendment No. 1 to Amendment No. 18 was offered by Representative Eastman: Page 1, line 1: Delete: "*Sec. 8. AS 43.52.020 is repealed effective January 1, 2027." Insert: "*Sec. 8. AS 43.52.020(2) is repealed effective December 31, 2027." Representative Eastman moved and asked unanimous consent that Amendment No. 1 to Amendment No. 18 be adopted. Representative Wool objected. The question being: "Shall Amendment No. 1 to Amendment No. 18 be adopted?" The roll was taken with the following result: HB 90 am Second Reading Amendment No. 1 to Amendment No. 18 YEAS: 16 NAYS: 19 EXCUSED: 4 ABSENT: 1 Yeas: Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Rauscher, Shaw, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Wool, Zulkosky 2022-03-07 House Journal Page 2030 Excused: Carpenter, Prax, Rasmussen, Thompson Absent: Tuck And so, Amendment No. 1 to Amendment No. 18 was not adopted. Representative Eastman moved and asked unanimous consent that Amendment No. 18 be withdrawn. There being no objection, it was so ordered. Representative Tuck moved and asked unanimous consent that HB 90 am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 90 am will advance to third reading on the March 9 calendar.