Legislature(2017 - 2018)
2018-05-12 House Journal
Full Journal pdf2018-05-12 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 TRA RPT 7DP 3354 FN1: ZERO(DOT) 3354 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 AS 28.35.251 is repealed and reenacted to read: Sec. 28.35.251.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.