Legislature(2017 - 2018)

2018-05-12 House Journal

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2018-05-12                     House Journal                      Page 3786
SB 199                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     SENATE BILL NO. 199 am                                                                                                     
     "An Act relating to the use of off-road vehicles within the James                                                          
     Dalton Highway corridor."                                                                                                  
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
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2018-05-12                     House Journal                      Page 3787
Amendment No. 1 was offered  by Representatives Stutes and                                                                       
Drummond:                                                                                                                       
                                                                                                                                
Page 1, line 2, following "corridor" (title amendment):                                                                       
     Insert "; and relating to containing or confining loads being                                                            
transported on highways"                                                                                                      
                                                                                                                                
Page 2, following line 15:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 3. AS 28.35.251 is repealed and reenacted to read:                                                                    
         Sec. 28.35.251. Failure to contain or confine a load. (a) A                                                          
     person commits the crime of failure to contain or confine a load in                                                        
     the first degree if the person, with criminal negligence, violates (c)                                                     
     of this section and, as a result of that violation, causes serious                                                         
     physical injury to another person.                                                                                         
         (b)  A person commits the crime of failure to contain or                                                               
     confine a load in the second degree if the person, with criminal                                                           
     negligence, violates (c) of this section and damages the property                                                          
     of another person in an amount of $5,000 or more.                                                                          
         (c)  A person commits the offense of failure to contain or                                                             
     confine a load in the third degree if the person drives or moves a                                                         
     motor vehicle loaded with any material on a highway unless                                                                 
              (1)  the load is                                                                                                  
                  (A)  contained or confined to prevent the load from                                                           
                       (i)  dropping, leaking, or escaping; or                                                                  
                       (ii)  shifting on or within the vehicle to the extent                                                    
              that the motor vehicle's stability or maneuverability is                                                          
              adversely affected; and                                                                                           
                  (B)  subjected to treatment by methods, approved by                                                           
         the commissioner of public safety by regulation, designed to                                                           
         settle the load or remove loose material before the vehicle is                                                         
         driven or moved on the highway; and                                                                                    
              (2)  at least six inches of freeboard is maintained around                                                        
     the entire perimeter of a load consisting of sand, gravel, dirt, rock,                                                     
     or similar materials or the load is covered and securely fastened to                                                       
     prevent the cover from becoming loose or detached or from being                                                            
     a hazard to other users of the highway.                                                                                    
         (d)  This section does not apply to                                                                                    
              (1)  a vehicle that drops, sprinkles, or sprays sand, liquids,                                                    
     or other materials for the purpose of cleaning or maintaining the                                                          
     highway or providing or improving traction;                                                                                

2018-05-12                     House Journal                      Page 3788
              (2)  a commercial motor vehicle that is subject to the                                                            
     federal motor carrier cargo securement standards implemented                                                               
     through the state or federal law;                                                                                          
              (3)  the natural accumulation of snow, ice, mud, dirt, or                                                         
     similar materials on a motor vehicle;                                                                                      
              (4)  a vehicle that is removing snow or hauling snow after                                                        
     removal; or                                                                                                                
              (5)  random litter; in this paragraph, "litter" includes                                                          
     plastic wrappers, empty plastic bags, leaves, paper, or similar soft                                                       
     materials.                                                                                                                 
         (e)  Failure to contain or confine a load in the                                                                       
              (1)  first degree is a class A misdemeanor punishable as                                                          
     provided in AS 12.55;                                                                                                      
              (2)  second degree is a class B misdemeanor punishable                                                            
     as provided in AS 12.55;                                                                                                   
              (3)  third degree is an infraction punishable by a fine of                                                        
     not more than                                                                                                              
                  (A)  $2,500 if the person has been previously                                                                 
         convicted three or more times of a violation of this section;                                                          
                  (B)  $1,500 if the person has been previously                                                                 
         convicted twice of a violation of this section;                                                                        
                  (C)  $750 if the person has been previously convicted                                                         
         one time of a violation of this section; or                                                                            
                  (D)  $300 if the person has not been previously                                                               
         convicted of a violation of this section.                                                                              
         (f)  In this section, "criminal negligence" has the meaning                                                            
     given in AS 11.81.900.                                                                                                     
   * Sec. 4. AS 28.35.253 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (b)  Violation of this section is an infraction.                                                                       
   * Sec. 5. AS 28.35.255 is repealed."                                                                                       
                                                                                                                                
Representative Stutes moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                

2018-05-12                     House Journal                      Page 3789
SB 199 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara,                                                                 
Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Knopp,                                                               
Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt,                                                          
Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard,                                                                 
Talerico, Tarr, Thompson, Tilton, Tuck, Wool, Zulkosky                                                                          
                                                                                                                                
Nays:  Eastman, Kito, Neuman, Rauscher, Wilson                                                                                  
                                                                                                                                
And so, Amendment No. 1 was adopted, and the new title follows:                                                                 
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 199 am H                                                                                                   
     "An Act relating to the use of off-road vehicles within the James                                                          
     Dalton Highway corridor; and relating to containing or confining                                                           
     loads being transported on highways."                                                                                      
                                                                                                                                
Amendment No. 2 was offered  by Representative Wilson:                                                                           
                                                                                                                                
Page 1, line 13, through page 2, line 10:                                                                                       
     Delete all material and insert:                                                                                            
              "(3)  the use of a snow machine to travel across the                                                              
     highway between October 1 and April 30; or                                                                             
              (4)  a person who must use land in the highway                                                                
     corridor to gain access to private property that                                                                       
                  (A)  is located outside the corridor; and                                                                 
                  (B)  has an established history of use as a                                                               
         homestead [CORRIDOR FROM LAND OUTSIDE THE                                                                          
         CORRIDOR TO ACCESS LAND OUTSIDE THE OTHER                                                                              
         SIDE OF THE CORRIDOR; THIS PARAGRAPH DOES                                                                              
         NOT PERMIT THE USE OF A SNOW MACHINE FOR                                                                               
         ANY PURPOSE WITHIN THE CORRIDOR IF THE USE                                                                             
         BEGINS OR ENDS WITHIN THE CORRIDOR OR                                                                                  
         WITHIN THE RIGHT-OF-WAY OF THE HIGHWAY OR                                                                              
         IF THE USE IS FOR TRAVEL WITHIN THE CORRIDOR                                                                           
         THAT IS PARALLEL TO THE RIGHT-OF-WAY OF THE                                                                            
         HIGHWAY; IN THIS PARAGRAPH, "HIGHWAY                                                                                   
         CORRIDOR" MEANS LAND WITHIN FIVE MILES OF                                                                              
         THE RIGHT-OF-WAY OF THE HIGHWAY]."                                                                                     
                                                                                                                                

2018-05-12                     House Journal                      Page 3790
Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Wilson moved and asked unanimous consent to                                                                      
withdraw Amendment No. 2.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that SB 199                                                               
am H be considered engrossed, advanced to third reading, and placed                                                             
on final passage.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
SB 199 am H was read the third time.                                                                                            
                                                                                                                                
The question being:  "Shall SB 199 am H pass the House?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
SB 199 am H                                                                                                                     
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara,                                                                 
Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito,                                                                
Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz,                                                                   
Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes,                                                         
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Nays:  Eastman, Neuman                                                                                                          
                                                                                                                                
And so, SB 199 am H passed the House and was referred to the Chief                                                              
Clerk for engrossment.