Legislature(1993 - 1994)

1994-03-16 House Journal

Full Journal pdf

1994-03-16                     House Journal                      Page 2843
HB 402                                                                       
The following, which had been held in third reading on reconsideration         
of the vote (page 2817), was again before the House:                           
                                                                               
HOUSE BILL NO. 402                                                            
"An Act requiring that an owner's motor vehicle liability insurance           
policy used as proof of financial responsibility designate by                  
description or appropriate reference the motor vehicles it covers;             
and providing for an effective date."                                          
                                                                               
Representative Ulmer moved and asked unanimous consent that HB
402 be returned to second reading for the specific purpose of                  
considering Amendment No. 1.                                                   
                                                                               
Representative Vezey objected and withdrew the objection.  There               
being no further objection, HB 402 was returned to second reading.             
                                                                               
Amendment No. 1 was offered  by Representative Ulmer:                           
                                                                               
Page 1, lines 1 - 3:                                                           
     Delete all material.                                                      
Insert "An Act relating to an owner's motor vehicle liability                
insurance policy; and providing for an effective date."                       
Page 1, after line 4:                                                          
     Insert a new bill section to read:                                        
   "* Section 1.  AS 28.20.440 is amended by adding a new subsection         
to read:                                                                       
	(l)  An insurer may not issue an owner's policy of motor                     
vehicle liability insurance provided as proof of financial                     
responsibility unless the insured receives and signs a notice                  
described in this subsection.  The notice shall be provided in                 
writing, separate from the policy, in red letters in at least 14-point         
type, and read substantially as follows:                                       
	VEHICLES OWNED BY THE INSURED THAT                                          
ARE NOT DESIGNATED BY DESCRIPTION OR                                           

1994-03-16                     House Journal                      Page 2844
HB 402                                                                       
APPROPRIATE REFERENCE IN THIS POLICY ARE                                     
NOT INSURED UNDER THIS POLICY AS REQUIRED BY                                 
STATE LAW.  OPERATING A MOTOR VEHICLE                                          
WITHOUT INSURANCE AS REQUIRED BY STATE LAW                                     
IS A CRIME."                                                                   
                                                                               
Page 1, line 5:                                                                
     Delete "* Section 1."                                                   
     Insert "* Sec. 2."                                                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
Amendment to Amendment No. 1 was offered  by Representative                     
Ulmer:                                                                         
                                                                               
Delete:                                                                        
                                                                               
"Page 1, lines 1 - 3:                                                         
     Delete all material.                                                    
Insert `An Act relating to an owner's motor vehicle liability                
insurance policy; and providing for an effective date.'"                      
                                                                               
                                                                               
Representative Ulmer moved and asked unanimous consent that the                
amendment to Amendment No. 1 be adopted.  There being no                       
objection, the amendment to Amendment No. 1 was adopted.                       
                                                                               
                                                                               
Representative Phillips rose to a point of order stating that the purpose      
and reason for casting a vote was being disparaged.                            
                                                                               
                                                                               
The Speaker stated that the point was well taken.                              
                                                                               

1994-03-16                     House Journal                      Page 2845
HB 402                                                                       
The question being:  "Shall Amendment No. 1 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
HB 402--RECONSIDERATION                                                        
Second Reading                                                                 
Amendment No. 1 as amended                                                     
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  1   ABSENT:  1                             
                                                                               
Yeas:  Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf,             
Hoffman, Mackie, Menard, Navarre, Nordlund, Ulmer, Willis                      
                                                                               
Nays:  Barnes, Brice, Bunde, Carney, G.Davis, Foster, Green, Hanley,           
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,         
Williams                                                                       
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Sitton                                                                
                                                                               
And so, Amendment No. 1 as amended was not adopted.                            
                                                                               
Representative Ulmer moved and asked unanimous consent that HB
402 be returned to second reading for the specific purpose of                  
considering Amendment No. 2.  There being no objection, it was so              
ordered.                                                                       
                                                                               
Amendment No. 2 was offered  by Representative Ulmer:                           
                                                                               
Page 1, line 3, after "covers" (title amendment):                            
Insert "and providing a fine for violation"                                 
                                                                               
Page 2, after line 6:                                                          
     Insert a new bill section to read:                                        
   "* Sec. 2.  AS28.22.041(a) is amended to read:                            
	(a)  Except as provided in (h) of this section, if a person fails            
to provide proof required under AS28.22.021 and 28.22.031, the                 
department shall impose a civil fine of $1,000 and shall suspend           
the driver's license of that person for the following periods:                 
                                                                               

1994-03-16                     House Journal                      Page 2846
HB 402                                                                       
		(1)  not less than 90 days if, within the preceding 10                      
years, the person has not had a driver's license suspended for                 
violation of AS28.22.011 or former AS28.22.200;                                
		(2)  not less than one year if, within the preceding 10                     
years, the person has had a driver's license suspended one or more             
times for violation of AS28.22.011 or former AS28.22.200."                     
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Hudson objected.                                                
                                                                               
                                                                               
The Speaker placed a call of the House and lifted the call.                    
                                                                               
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 402--RECONSIDERATION                                                        
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  12   NAYS:  23   EXCUSED:  1   ABSENT:  4                             
                                                                               
Yeas:  Bunde, Carney, Davies, Finkelstein, Larson, Menard, Navarre,            
Nordlund, Parnell, Sitton, Ulmer, Willis                                       
                                                                               
Nays:  Barnes, Brown, B.Davis, G.Davis, Foster, Green, Grussendorf,            
Hanley, Hudson, James, Kott, Mackie, MacLean, Martin, Moses,                   
Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Vezey, Williams         
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Brice, Davidson, Hoffman, Toohey                                      
                                                                               
Barnes changed from "Yea" to "Nay".                                            
                                                                               
And so, Amendment No. 2 was not adopted.                                       

1994-03-16                     House Journal                      Page 2847
HB 402                                                                       
The question to be reconsidered:  "Shall HB 402 pass the House?"               
The roll was taken with the following result:                                  
                                                                               
HB 402--RECONSIDERATION                                                        
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  1   EXCUSED:  1   ABSENT:  4                              
                                                                               
Yeas:  Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein,            
Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson,               
Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre,                       
Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault,      
Ulmer, Vezey, Williams, Willis                                                 
                                                                               
Nays:  Davies                                                                  
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Brice, Davidson, Hoffman, Toohey                                      
                                                                               
And so, HB 402 passed the House on reconsideration.                            
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
HB 402 was referred to the Chief Clerk for engrossment.