Legislature(2005 - 2006)BUTROVICH 205

02/23/2006 01:30 PM Senate TRANSPORTATION


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 300 MOTOR VEHICLE NEGATIVE EQUITY TELECONFERENCED
Heard & Held
*+ SB 273 MOTOR VEHICLE SALES TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                       February 23, 2006                                                                                        
                           1:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Charlie Huggins, Chair                                                                                                  
Senator John Cowdery, Vice Chair                                                                                                
Senator Gene Therriault                                                                                                         
Senator Albert Kookesh                                                                                                          
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 300                                                                                                             
"An Act relating to the handling of negative equity in motor                                                                    
vehicle transactions."                                                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 273                                                                                                             
"An Act relating to a motor vehicle dealer's selling or offering                                                                
to sell motor vehicles as new or current models or as new or                                                                    
current model motor vehicles having manufacturer's warranties."                                                                 
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 300                                                                                                                  
SHORT TITLE: MOTOR VEHICLE NEGATIVE EQUITY                                                                                      
SPONSOR(s): SENATOR(s) SEEKINS                                                                                                  
                                                                                                                                
02/14/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/06       (S)       TRA, L&C                                                                                               
02/23/06       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: SB 273                                                                                                                  
SHORT TITLE: MOTOR VEHICLE SALES                                                                                                
SPONSOR(s): SENATOR(s) COWDERY                                                                                                  
                                                                                                                                
02/08/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/06       (S)       TRA, L&C                                                                                               
02/23/06       (H)       TRA AT 1:30 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Senator Ralph Seekins                                                                                                           
Alaska State Legislature                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SB 300.                                                                                       
                                                                                                                                
Brian Hove, Staff                                                                                                               
to Senator Ralph Seekins                                                                                                        
Alaska State Legislature                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Answered questions on SB 300.                                                                            
                                                                                                                                
Ryan Makinster, Staff                                                                                                           
to Senator John Cowdery                                                                                                         
Alaska State Legislature                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Presented SB 273 and a proposed amendment;                                                               
answered questions.                                                                                                             
                                                                                                                                
Carol Lyberger                                                                                                                  
Lyberger's Car and Truck Sales                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified that she was 100 percent in                                                                    
support of SB 273.                                                                                                              
                                                                                                                                
Jon Cook, Legislative Director                                                                                                  
Alaska Auto Dealers Association;                                                                                                
General Manager, Aurora Motors                                                                                                  
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Stated strong support for SB 273 and the                                                                 
proposed amendment.                                                                                                             
                                                                                                                                
Steve Sautner, Owner                                                                                                            
Dealers Auto Auction of Alaska                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of SB 273, offering a                                                               
wholesaler's perspective.                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR CHARLIE HUGGINS called the Senate Transportation Standing                                                               
Committee meeting to order at 1:35:10 PM.  Present were Senators                                                              
John Cowdery, Hollis French and  Chair Charlie Huggins.  Senators                                                               
Albert Kookesh and Gene Therriault  arrived as the meeting was in                                                               
progress.                                                                                                                       
                                                                                                                                
              SB 300-MOTOR VEHICLE NEGATIVE EQUITY                                                                          
                                                                                                                                
CHAIR HUGGINS announced SB 300 to be up for discussion.                                                                         
                                                                                                                                
SENATOR  RALPH   SEEKINS,  Alaska  State   Legislature,  sponsor,                                                               
explained  that  SB  300 updates  the  definition  of  "principal                                                               
balance"  in   the  Alaska  Retail   Installment  Sales   Act  to                                                               
accommodate the  proper disclosure of  negative equity.   It also                                                               
clarifies  how  negative equity  within  a  lease arrangement  is                                                               
handled.   At one time,  lending institutions  required borrowers                                                               
to  monetarily  participate  in   purchase  transactions.    Down                                                               
payments of 25  percent were common, and term loans  were held to                                                               
a maximum  of 36 months.   Over the last several  years, however,                                                               
these  guidelines have  gone by  the wayside.   The  strength and                                                               
stability  of  the national  economy  have  spurred consumers  to                                                               
demand lower-payment loans along with greater value.                                                                            
                                                                                                                                
He noted that banks, credit  unions and acceptance companies have                                                               
accommodated  the marketplace  by  offering  low-down or  no-down                                                               
payment options,  as well as lengthening  the allowable repayment                                                               
period; this is particularly evident  in retail auto sales, where                                                               
qualified  buyers may  opt  for 100  percent  financing over  the                                                               
longest possible term.   As a result, the point  in time at which                                                               
the  vehicle's market  value exceeds  the outstanding  balance on                                                               
the loan occurs much later than it otherwise would.                                                                             
                                                                                                                                
SENATOR KOOKESH arrived at 1:40:04 PM.                                                                                        
                                                                                                                                
SENATOR SEEKINS  continued, explaining  that until this  point is                                                               
reached,  the  owner's  equity   position  is  "upside  down"  or                                                               
"negative" -  the auto's value  is less than the  remaining loan.                                                               
When the owner  wants to trade for a different  vehicle, a dealer                                                               
must figure out how to accommodate  the loan payoff in the trade-                                                               
in.   At  one time,  it  was common  practice in  some states  to                                                               
simply  inflate the  price  of  the car  enough  so the  trade-in                                                               
covered the  amount owed; the  negative equity  then disappeared.                                                               
However, it  failed to  describe the  transaction mathematically,                                                               
and this practice fell into disfavor over time.                                                                                 
                                                                                                                                
He noted  that today new  vehicles may be sold  at non-negotiable                                                               
prices,  such  as when  there  is  a factory  incentive  program.                                                               
Furthermore, the  Federal Reserve Board has  provided guidance on                                                               
this  issue  through  revisions to  Regulations M  and  Z,  which                                                               
control  the  manner  in which  lease  and  credit  transactions,                                                               
respectively,  are  disclosed.    Regulation  M  was  revised  to                                                               
provide a  dedicated disclosure  line on  the lease  agreement in                                                               
cases where a prior loan or  lease balance - negative equity - is                                                               
rolled  in  to the  new  lease  transaction.   Regulation  Z  was                                                               
revised  to  alter  the definition  of  "down  payment,"  thereby                                                               
solving  the  negative-equity issue  as  it  pertains to  a  loan                                                               
transaction, Senator Seekins reported.                                                                                          
                                                                                                                                
He  said  the  vast  majority  of banks  and  credit  unions  are                                                               
federally  regulated and  follow federal  disclosure laws;  state                                                               
laws don't  come into play.   However, acceptance  companies like                                                               
GMAC  or Ford  Motor Credit  must follow  both federal  and state                                                               
laws.  The dual-adherence requirement  has created a disparity in                                                               
the manner  in which  loan and  lease transactions  are disclosed                                                               
when there is  negative equity in Alaska.  While  federal law has                                                               
been  revised  to  accommodate this  situation,  Senator  Seekins                                                               
said, state law hasn't been.                                                                                                    
                                                                                                                                
He concluded, saying  SB 300 resolves this  disparity by updating                                                               
the  definition of  "principal  balance" as  it  pertains to  the                                                               
state's disclosure requirements for  retail sales contracts found                                                               
in Title 45, Chapter 10.   It also adds corresponding language to                                                               
Chapter 25  pertaining to  the handling  of negative  equity with                                                               
respect  to lease  agreements.   These modifications  bring state                                                               
and  federal  law into  alignment  and  resolve the  concern  for                                                               
acceptance companies that do business in Alaska.                                                                                
                                                                                                                                
1:43:03 PM                                                                                                                    
                                                                                                                                
SENATOR  COWDERY asked  how dealers  and car  financing companies                                                               
currently address this situation.                                                                                               
                                                                                                                                
SENATOR  SEEKINS   answered  that  they  generally   try  to  get                                                               
additional  cash  down  payments,  for   example.    In  his  own                                                               
dealership the previous week, a  customer had $19,000 in negative                                                               
equity  on  a  vehicle;  it was  eight-year  financing,  and  the                                                               
dealership could  do nothing to help.   "If we sell  the contract                                                               
to  a bank,  we're  OK," he  added.    "We can't  sell  it to  an                                                               
acceptance  company."   He  pointed  out  that dealerships  would                                                               
rather do business with acceptance  companies, through which they                                                               
get preferable  interest rates and  additional cash  bonuses from                                                               
the manufacturer.                                                                                                               
                                                                                                                                
1:45:11 PM                                                                                                                    
                                                                                                                                
SENATOR  COWDERY  asked  whether  a  loan would  be  made  to  an                                                               
individual if there was negative equity.                                                                                        
                                                                                                                                
SENATOR SEEKINS replied  that an outside loan  could be obtained,                                                               
but it's something most dealerships don't like to do.                                                                           
                                                                                                                                
SENATOR COWDERY asked  whether the change [proposed  in the bill]                                                               
is for convenience or is cost-driven.                                                                                           
                                                                                                                                
SENATOR THERRIAULT arrived at 1:46:13 PM.                                                                                     
                                                                                                                                
SENATOR  SEEKINS answered  that it  is more  to bring  acceptance                                                               
companies  under the  same types  of regulations  and disclosures                                                               
that  the federal  government  has,  thereby allowing  acceptance                                                               
companies to compete with banks on an equal footing.                                                                            
                                                                                                                                
SENATOR COWDERY  asked if  the Department  of Law  (DOL) supports                                                               
this bill.                                                                                                                      
                                                                                                                                
SENATOR  SEEKINS said  he didn't  believe [DOL]  had been  asked.                                                               
However, states commonly try to  bring their laws into compliance                                                               
[with federal laws], and most  states' laws are now in compliance                                                               
with  Regulations  M  and  Z.   He  added  that  [the  bill]  was                                                               
requested by the acceptance companies.                                                                                          
                                                                                                                                
SENATOR  COWDERY offered  his belief  that  the attorney  general                                                               
wanted to testify on the bill, but wasn't available.                                                                            
                                                                                                                                
CHAIR HUGGINS suggested hearing from him at a later date.                                                                       
                                                                                                                                
SENATOR SEEKINS  indicated the attorney general  hadn't expressed                                                               
an opinion to his office.   In response to Chair Huggins, Senator                                                               
Seekins said  he hadn't heard  negative feedback from any  of the                                                               
finance institutions.                                                                                                           
                                                                                                                                
CHAIR HUGGINS asked about pros and cons for the customers.                                                                      
                                                                                                                                
SENATOR SEEKINS answered that the  loan would still be made based                                                               
on the  customer's ability to pay.   Generally, a loan  for a car                                                               
is  an accommodation,  trying to  help the  customer buy  the car                                                               
that he or she wants.   He said most dealers can handle contracts                                                               
through banks,  and this brings  it down  to a matter  of equity.                                                               
There may  be $1,000 additional  cash for people  working through                                                               
Ford Motor Credit, for example,  but if there is negative equity,                                                               
the dealership  cannot help the  customer take advantage  of that                                                               
under state law now.                                                                                                            
                                                                                                                                
CHAIR HUGGINS  posed a situation  in which a customer  has $5,000                                                               
in  negative  equity.   He  asked  what  allows a  dealership  to                                                               
leverage that to a customer's advantage.                                                                                        
                                                                                                                                
1:50:24 PM                                                                                                                    
                                                                                                                                
SENATOR  SEEKINS noted  that  in the  past,  negative equity  was                                                               
adjusted in  the paperwork.   Now the situation is  disclosed and                                                               
yet    it's    financed    anyhow,   because    the    customer's                                                               
creditworthiness  allows  making  those [larger]  payments.    In                                                               
response to  Chair Huggins and  Senator French, he  affirmed that                                                               
currently it can be rolled over  into new financing - but through                                                               
banks or credit unions, not acceptance corporations.                                                                            
                                                                                                                                
SENATOR FRENCH  voiced concern about  people living  beyond their                                                               
means, and  reported reading in  Forbes that the savings  rate in                                                             
the U.S.  just went negative for  the first time since  1933.  He                                                               
said, however, this  bill is more a symptom than  a cause, and he                                                               
sees no reason to harm institutions doing business in Alaska.                                                                   
                                                                                                                                
He expressed  interest in seeing  Regulations M  and Z.   He also                                                               
requested a  handout that shows  how the paperwork could  be done                                                               
under the federal system, but not the state system.                                                                             
                                                                                                                                
1:52:50 PM                                                                                                                    
                                                                                                                                
SENATOR   SEEKINS   indicated    he'd   provide   the   requested                                                               
information.                                                                                                                    
                                                                                                                                
SENATOR COWDERY asked whether [a dealer]  can make a cash loan to                                                               
an individual.                                                                                                                  
                                                                                                                                
SENATOR  SEEKINS  answered  that  he  could,  but  doesn't.    He                                                               
explained, "Part of our agreement  with most finance institutions                                                               
is, we  don't loan money  as part of  their down payment.  ... We                                                               
disclose it as what  it is."  He said on  a lease transaction, if                                                               
not properly  disclosed, the  negative equity  could be  termed -                                                               
without the definition  in Regulation M - as a  personal loan and                                                               
then  not   be  properly  disclosed.     Therefore,  the  federal                                                               
government  changed   its  process  of  disclosure   in  a  lease                                                               
transaction so that it is not a personal loan.                                                                                  
                                                                                                                                
He  pointed out  that  for every  loan on  a  vehicle, there's  a                                                               
decision that  the finance  institution makes:   Does  the person                                                               
have  enough disposable  income to  make those  monthly payments?                                                               
If so, and  if the person has  a good credit history,  there is a                                                               
willingness  to  finance  an  "upside  down"  or  negative-equity                                                               
situation.  It  isn't considered a personal loan, and  is still a                                                               
transaction on the car.                                                                                                         
                                                                                                                                
1:54:33 PM                                                                                                                    
                                                                                                                                
SENATOR COWDERY observed that it seems like a personal loan.                                                                    
                                                                                                                                
SENATOR  SEEKINS said  many  cars have  negative  equity for  the                                                               
first  two or  three years  after purchase.   He  noted that  so-                                                               
called gap  insurance is sold in  the marketplace today:   if the                                                               
vehicle is totaled,  the loan is paid off, even  though the car's                                                               
value doesn't equal what is owed.                                                                                               
                                                                                                                                
1:55:53 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS asked  what a  dealer  could do  for someone  with                                                               
$5,000 in negative equity.                                                                                                      
                                                                                                                                
SENATOR SEEKINS  explained that  there are three  ways to  help a                                                               
customer "get  out of that car":   cash, having enough  margin in                                                               
the new vehicle  to make up most  or all of it,  or financing the                                                               
negative equity.   First, as the dealer he'd  determine the car's                                                               
actual  cash  value  -  wholesale  value  -  to  him;  he'd  also                                                               
determine what  is owed.  If  there's a $5,000 gap,  but a $3,000                                                               
"markup in  the car," he may  allow $1,500 of that  markup "to go                                                               
back into the vehicle."  This leaves  only a $1,500 gap.  At that                                                               
point,  if the  customer is  creditworthy, the  dealer might  not                                                               
request more of a down payment,  or else the customer might pay a                                                               
$1,500 down payment.  That would  put the customer at 100 percent                                                               
financing on the new vehicle.                                                                                                   
                                                                                                                                
He  noted that  if  the  dealer can  find  a finance  institution                                                               
willing to finance  $1,500 more than it  otherwise would, because                                                               
of  the customer's  creditworthiness,  then the  dealer  - if  he                                                               
properly discloses it  - can have that  negative equity financed,                                                               
provided it's through a bank or credit union, under federal law.                                                                
                                                                                                                                
1:57:36 PM                                                                                                                    
                                                                                                                                
SENATOR  SEEKINS, in  response  to Chair  Huggins,  said all  the                                                               
options are available to a dealer.   All he's doing [with SB 300]                                                               
is   bringing  the   acceptance  corporations   under  the   same                                                               
regulations as the  federal banks and credit unions.   However, a                                                               
customer may  end up  paying more  in interest,  or might  not be                                                               
able to  get a bonus  incentive from the  acceptance corporation.                                                               
In some  cases, incentives  from acceptance  corporations provide                                                               
an additional  $1,000 that the  customer could apply to  the down                                                               
payment, he  noted.  Having it  equal in terms of  disclosure can                                                               
sometimes be a benefit for the buyer, he suggested.                                                                             
                                                                                                                                
1:59:47 PM                                                                                                                    
                                                                                                                                
BRIAN  HOVE,  Staff  to  Senator   Ralph  Seekins,  Alaska  State                                                               
Legislature, offered to answer  questions during Senator Seekins'                                                               
brief absence.                                                                                                                  
                                                                                                                                
SENATOR  COWDERY  asked, in  essence,  whether  the interest  for                                                               
financing a $5,000 equity gap would  be the same as the financing                                                               
for a new car.                                                                                                                  
                                                                                                                                
MR.  HOVE answered  that  it's the  same  contract. The  customer                                                               
would be  paying off the old  contract and rolling it  into a new                                                               
one -  a single contract  with one  set of terms  and conditions,                                                               
including interest.                                                                                                             
                                                                                                                                
2:00:47 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS recalled  there are  variables,  however, and  the                                                               
institution could change the interest rate, for example.                                                                        
                                                                                                                                
MR. HOVE  answered that  it comes down  to expanding  options for                                                               
the buyer  with regard to  financing sources.  He  suggested this                                                               
offers  the buyer  an opportunity  to  get a  better deal,  since                                                               
acceptance corporations aren't included currently.                                                                              
                                                                                                                                
2:02:05 PM                                                                                                                    
                                                                                                                                
SENATOR  SEEKINS added  that this  came  as a  request from  "the                                                               
legal department."  He said  several acceptance corporations want                                                               
this clarified so that they're  clearly on an equal footing [with                                                               
banks and credit unions].                                                                                                       
                                                                                                                                
CHAIR HUGGINS  advised that  he'd see  about the  availability of                                                               
the attorney general [to testify  at the next hearing], and would                                                               
determine  whether  banking  institutions  want  to  offer  their                                                               
perspective as well.                                                                                                            
                                                                                                                                
SENATOR  FRENCH indicated  when the  attorney general  is present                                                               
he'd like to hear whether this  is a good idea and perhaps should                                                               
be done for home sales as well.                                                                                                 
                                                                                                                                
2:02:43 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS pointed  out that  homes normally  appreciate over                                                               
time, whereas automobiles depreciate rapidly.                                                                                   
                                                                                                                                
SENATOR SEEKINS  reiterated his intent  to put all  those finance                                                               
institutions on  an equal  footing in  terms of  full disclosure.                                                               
[SB 300 was held over.]                                                                                                         
                                                                                                                                
CHAIR HUGGINS called a brief at-ease.                                                                                           
                                                                                                                                
                   SB 273-MOTOR VEHICLE SALES                                                                               
                                                                                                                                
CHAIR HUGGINS announced SB 273 to be up for consideration.                                                                      
                                                                                                                                
SENATOR  COWDERY,   sponsor,  advised   members  of   a  proposed                                                               
amendment to  the bill, to amend  Section 1, page 1,  line 11, to                                                               
delete "for  sales in this  state" and add, after  "vehicle", the                                                               
phrase "pursuant to which the  dealer's area of responsibility is                                                               
located within  the State of Alaska".   He deferred to  his staff                                                               
for an explanation.                                                                                                             
                                                                                                                                
SENATOR FRENCH objected for discussion purposes.                                                                                
                                                                                                                                
RYAN  MAKINSTER,  Staff to  Senator  John  Cowdery, Alaska  State                                                               
Legislature,  explained that  in  2004, HB  272  was passed  with                                                               
regard  to unscrupulous  advertising  or sales  practices.   Some                                                               
people  were  selling   slightly  used  cars  as   new,  or  were                                                               
ambiguously claiming that  they were new cars.  In  that bill and                                                               
some other  legislation, AS 08.66.015 was  changed, becoming more                                                               
far-reaching than intended.  The  legislation had "current model"                                                               
to deal  with this problem,  Mr. Makinster noted.   However, many                                                               
people trade  in vehicles soon  after buying them.   The language                                                               
prohibited sale of a current-model  vehicle for any reason unless                                                               
it had  a manufacturer's  certificate of  origin.   Under current                                                               
law, a vehicle would  have to be held by a  dealer until the next                                                               
year's model was introduced.                                                                                                    
                                                                                                                                
He  said this  law  isn't being  enforced.   It  would  be a  bad                                                               
business  practice   for  dealerships   and,  according   to  the                                                               
Department of  Law (DOL), would  hurt the consumer overall.   For                                                               
example,  Mr.   Makinster  said,  a  serviceman   going  overseas                                                               
wouldn't be  able to turn  in a  car because no  dealership would                                                               
want to  pay for that car  and have it  sit on the lot  until the                                                               
next year's model came out.                                                                                                     
                                                                                                                                
He explained that  SB 273 therefore removes  "current model" from                                                               
statute.   Thus a new vehicle  can be sold only  if in possession                                                               
of  the  certificate  of  origin   and  if  the  dealer  has  the                                                               
manufacturer's  sales and  service  agreement.   "So basically  a                                                               
manufacturer-dealer can only sell new  cars," he added.  "A used-                                                               
car dealer, under no circumstance, can  sell a new car."  He said                                                               
this protects  the consumer because  it doesn't allow  a used-car                                                               
dealer to purport that a used car is new.                                                                                       
                                                                                                                                
2:08:12 PM                                                                                                                    
                                                                                                                                
CHAIR  HUGGINS asked  whether registration  provides the  primary                                                               
evidence that a car isn't new.                                                                                                  
                                                                                                                                
MR.  MAKINSTER  said  the manufacturer's  certificate  of  origin                                                               
remains with  the car until  registered; it is  then relinquished                                                               
to  the  state's  department  of   motor  vehicles  and  the  car                                                               
automatically becomes a used car.   That is how it occurs in most                                                               
states.  Some states, however, have more ambiguous statutes.                                                                    
                                                                                                                                
CHAIR HUGGINS requested clarification about what would change.                                                                  
                                                                                                                                
MR.  MAKINSTER answered  that it  wouldn't change  anything being                                                               
done right  now.   The statute as  written isn't  being enforced,                                                               
which  is  why  DOL  has  requested this  change.    If  it  were                                                               
enforced, a  vehicle might have  to sit  on a dealer's  lot until                                                               
the next model year came out.                                                                                                   
                                                                                                                                
2:10:21 PM                                                                                                                    
                                                                                                                                
SENATOR  COWDERY  related  his understanding  that  the  attorney                                                               
general's  office said,  if this  were enforced,  there would  be                                                               
about a $5,000 fine for every transaction.                                                                                      
                                                                                                                                
MR. MAKINSTER concurred, but clarified  that the fine would apply                                                               
to  every   attempt  to   sell,  which   could  attach   even  to                                                               
advertisements.                                                                                                                 
                                                                                                                                
SENATOR  FRENCH requested  clarification  on whether  there is  a                                                               
prohibition on  selling it at all,  or if the person  just cannot                                                               
sell it as a current-model vehicle.                                                                                             
                                                                                                                                
2:12:30 PM                                                                                                                    
                                                                                                                                
MR. MAKINSTER  responded that, according to  DOL, the prohibition                                                               
is  on selling  it -  because  "current model"  isn't defined  in                                                               
statute,  it  can  be  interpreted  as an  inability  to  sell  a                                                               
current-model vehicle.                                                                                                          
                                                                                                                                
SENATOR  FRENCH remarked  that  it  seems to  go  along with  the                                                               
letter from Mr. Sniffen [of DOL, in packets].                                                                                   
                                                                                                                                
MR.  MAKINSTER, in  response to  Chair Huggins,  said the  change                                                               
[proposed in  the amendment  offered by  Senator Cowdery]  was at                                                               
the  request of  the auto  dealers association;  it was  received                                                               
only two days  ago.  He reported  that DOL believes it  is a good                                                               
change.                                                                                                                         
                                                                                                                                
He informed  members that Mr.  Sniffen of DOL, who  would testify                                                               
at  the  next  committee  hearing,  said  this  new  language  is                                                               
probably  better  because  "sales  in  this  state"  is  somewhat                                                               
ambiguous with regard to dealers  in other states, who might have                                                               
agreements  with  the manufacturer  to  have  Alaska under  their                                                               
umbrella  of  responsibility.   Mr.  Makinster  also  noted  that                                                               
Mr. Sniffen  said this  is mostly  a  matter of  style, but  also                                                               
clarifies what "sales in the state" means.                                                                                      
                                                                                                                                
CHAIR  HUGGINS  brought  up  the issue  of  Canadian  dealers  in                                                               
particular.                                                                                                                     
                                                                                                                                
MR. MAKINSTER said that was  what the original bills dealing with                                                               
this matter were trying to  address.  He relayed that Mr. Sniffen                                                               
said it  has been resolved  through other legislation.   "This is                                                               
basically cleanup language," Mr. Makinster added.                                                                               
                                                                                                                                
2:15:55 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS asked  if [SB 273] would have  any negative impacts                                                               
for the buyer.                                                                                                                  
                                                                                                                                
MR. MAKINSTER said  he didn't believe so; according  to DOL, this                                                               
would actually help consumers, who would  be allowed to buy a car                                                               
and  turn a  car in.    As for  used-car dealers,  he noted  that                                                               
Section 2 repeals [AS 08.66.015(b)], which reads:                                                                               
                                                                                                                                
          (b) A person who does business as a dealer in the                                                                     
     state may not offer to sell  or sell a motor vehicle as                                                                    
     a  new   or  current  model  motor   vehicle  having  a                                                                    
     manufacturer's warranty unless                                                                                             
          (1) the dealer has a current sales and service                                                                        
     agreement  with  the  manufacturer  and  the  agreement                                                                    
     requires the  dealer, upon demand of  the motor vehicle                                                                    
     buyer, to  perform or arrange for,  within a reasonable                                                                    
       distance of the dealer's place of business in the                                                                        
     state, the repair and replacement work required of the                                                                     
     manufacturer under the warranty; or                                                                                        
          (2) the dealer offers to give the buyer a rebate                                                                      
     to  cover  the repair  and  replacement  work that  the                                                                    
     dealer  cannot   perform  or   arrange  for   within  a                                                                    
     reasonable distance of the dealer's place of business.                                                                     
                                                                                                                                
He  pointed out  that  someone could  have  a used  current-model                                                               
vehicle,  and  that  a  used  car  could  have  a  manufacturer's                                                               
warranty.  The existing language  limits purchasing options for a                                                               
buyer.   Thus the bill allows  consumers to buy new  but slightly                                                               
used  cars  from a  wider  range  of  dealers, not  just  new-car                                                               
dealers.                                                                                                                        
                                                                                                                                
2:17:15 PM                                                                                                                    
                                                                                                                                
CHAIR HUGGINS observed that the  bill allows a person to transfer                                                               
a warranty when selling a car.                                                                                                  
                                                                                                                                
MR. MAKINSTER concurred.                                                                                                        
                                                                                                                                
CHAIR HUGGINS opened public testimony.                                                                                          
                                                                                                                                
CAROL LYBERGER,  Lyberger's Car and Truck  Sales, Anchorage, said                                                               
this bill is  a good change and  just cleans up an old  law.  She                                                               
offered an  example, saying  this will  make every  dealership in                                                               
compliance with  state law.   She expressed 100  percent support.                                                               
In response  to Chair Huggins,  she indicated she believes  it is                                                               
friendly to both customers and dealers.                                                                                         
                                                                                                                                
2:21:02 PM                                                                                                                    
                                                                                                                                
JON COOK, Legislative Director,  Alaska Auto Dealers Association;                                                               
General   Manager,  Aurora   Motors,   Fairbanks,  informed   the                                                               
committee  that he  strongly  supports SB  273  and the  proposed                                                               
amendment.   He said it  can't be overstated how  beneficial this                                                               
is.   Agreeing this is  a housekeeping  issue - since  dealers in                                                               
Alaska are technically  out of compliance with state  law and yet                                                               
it isn't  enforced -  he noted  that it  would be  detrimental to                                                               
consumers if  the current law  were enforced, which  could happen                                                               
someday if the statute remained on  the books.  He specified that                                                               
repeal of subsection (b) also would be most welcome.                                                                            
                                                                                                                                
SENATOR  FRENCH asked  how many  cars come  back after  the first                                                               
year of their sale.                                                                                                             
                                                                                                                                
MR.  COOK replied  that his  dealership  gets perhaps  a dozen  a                                                               
year, and he  believes several hundred are returned  each year in                                                               
Alaska.   In response to Chair  Huggins, Mr. Cook noted  that his                                                               
organization's membership includes the  vast majority of new- and                                                               
used-car dealers  in Alaska.   He  has worked  on this  issue for                                                               
more than a  year, but hasn't heard objections.   He suggested it                                                               
would help used-car dealers especially,  since they cannot sell a                                                               
current-model  vehicle at  all under  the existing  statute.   He                                                               
indicated he couldn't see any  negative impacts on customers, but                                                               
there  would  be many  problems  under  the current  statute,  if                                                               
enforced, including a worsening  of the negative-equity situation                                                               
discussed earlier in the meeting.                                                                                               
                                                                                                                                
STEVE SAUTNER, Owner, Dealers Auto  Auction of Alaska, Anchorage,                                                               
expressed  support for  SB 237.   He  explained that  wholesalers                                                               
would like to  be in compliance with state law  because they sell                                                               
new,   previously   owned  vehicles,   particularly   repossessed                                                               
vehicles,  dealer-consigned vehicles  and rental  vehicles, which                                                               
they'd  like to  sell as  soon as  possible.   There are  several                                                               
thousand such 2006 vehicles in  Alaska, and dealers cannot absorb                                                               
all  of  them.   This  change  is needed  so  dealers  can be  in                                                               
compliance.                                                                                                                     
                                                                                                                                
2:28:03 PM                                                                                                                    
                                                                                                                                
MR. SAUTNER, in  response to Senator Cowdery, said  about a third                                                               
of the  vehicles he gets  are repossessions; a third  are dealer-                                                               
consigned vehicles, including aged inventory and new-car trade-                                                                 
ins; and a  third are rental vehicles and off-lease  vehicles.  A                                                               
lot of current-model-year vehicles  are returned from rental lots                                                               
every year; many go to  the Seattle markets now, but increasingly                                                               
they are liquidated.                                                                                                            
                                                                                                                                
CHAIR HUGGINS asked  about any drawbacks to  dealers or customers                                                               
from these proposed changes.                                                                                                    
                                                                                                                                
MR.  SAUTNER replied  that he  isn't in  the retail  side of  the                                                               
business, but doesn't see any negatives from either side.                                                                       
                                                                                                                                
2:29:53 PM                                                                                                                    
                                                                                                                                
[Cynthia  Drinkwater of  DOL  informed members  that  she was  on                                                               
teleconference to answer questions and  that Mr. Sniffen would be                                                               
available for future hearings.]                                                                                                 
                                                                                                                                
CHAIR HUGGINS asked whether anyone else wished to testify.  He                                                                  
announced that SB 273 would be held over.  [The proposed                                                                        
amendment was not adopted.]                                                                                                     
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Huggins adjourned the House Transportation Standing                                                                       
Committee meeting at 2:31:29 PM.                                                                                              

Document Name Date/Time Subjects