Legislature(2003 - 2004)

05/03/2004 02:08 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                          May 3, 2004                                                                                           
                           2:08 p.m.                                                                                            
                                                                                                                              
TAPE(S) 04-22                                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Cowdery, Co-Chair                                                                                                  
Senator Gene Therriault                                                                                                         
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Thomas Wagoner, Co-Chair                                                                                                
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
CS FOR HOUSE BILL NO. 272(STA) am                                                                                               
"An Act relating to the  advertising of motor vehicles, including                                                               
trailers,  for sale  by motor  vehicle dealers;  relating to  the                                                               
financing of  motor vehicle purchases; relating  to motor vehicle                                                               
sales contracts; relating to the  disclosures required to be made                                                               
by motor  vehicle dealers when selling  motor vehicles, including                                                               
trailers,  or when  their service  employees work  on commission;                                                               
relating to a motor vehicle dealer's  selling as a new or current                                                               
model vehicle,  a motor vehicle  required to be  registered under                                                               
AS 28.10;  relating to  a motor  vehicle dealer's  advertising an                                                               
offer  for the  sale,  lease,  or purchase  of  a motor  vehicle,                                                               
including  a  trailer; relating    to  a motor  vehicle  dealer's                                                               
conditioning the sale and delivery  of a motor vehicle, including                                                               
a trailer, on  the buyer's purchase of other  items; and relating                                                               
to the return of a buyer's trade-in by a motor vehicle dealer."                                                                 
                                                                                                                                
     MOVED SCS CSHB 272 (TRA) OUT OF COMMITTEE                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: HB 272                                                                                                                  
SHORT TITLE: MOTOR VEHICLE DEALERS                                                                                              
SPONSOR(s): REPRESENTATIVE(s) WEYHRAUCH                                                                                         
                                                                                                                                
04/16/03       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/03       (H)       L&C, STA                                                                                               
04/28/03       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
04/28/03       (H)       Scheduled But Not Heard                                                                                
04/30/03       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
04/30/03       (H)       Scheduled But Not Heard                                                                                
05/01/03       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
05/01/03       (H)       Scheduled But Not Heard                                                                                
05/05/03       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
05/05/03       (H)       Heard & Held                                                                                           
05/05/03       (H)       MINUTE(L&C)                                                                                            
05/07/03       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
05/07/03       (H)       <Bill Hearing Postponed to Fri. 5/9/3>                                                                 
05/09/03       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
05/09/03       (H)       Moved CSHB 272(L&C) Out of Committee                                                                   
05/09/03       (H)       MINUTE(L&C)                                                                                            
05/12/03       (H)       L&C RPT CS(L&C) 6DP 1AM                                                                                
05/12/03       (H)       DP: LYNN, GATTO, CRAWFORD, DAHLSTROM,                                                                  
05/12/03       (H)       ROKEBERG, ANDERSON; AM: GUTTENBERG                                                                     
05/13/03       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
05/13/03       (H)       Heard & Held                                                                                           
05/13/03       (H)       MINUTE(STA)                                                                                            
05/14/03       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
05/14/03       (H)       Moved CSHB 272(L&C) Out of Committee                                                                   
05/14/03       (H)       MINUTE(STA)                                                                                            
05/15/03       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
05/15/03       (H)       Heard & Held                                                                                           
05/15/03       (H)       MINUTE(STA)                                                                                            
05/16/03       (H)       STA RPT CS(STA)FORTHCOMING 3DP 1NR 3AM                                                                 
05/16/03       (H)       DP: CRAWFORD, LYNN, WEYHRAUCH;                                                                         
05/16/03       (H)       NR: HOLM; AM: DAHLSTROM, GRUENBERG,                                                                    
05/16/03       (H)       SEATON                                                                                                 
05/16/03       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
05/16/03       (H)       Moved CSHB 272(STA) Out of Committee                                                                   
05/16/03       (H)       MINUTE(STA)                                                                                            
05/17/03       (H)       MOVED TO BOTTOM OF CALENDAR                                                                            
05/17/03       (H)       CS(STA) RECEIVED                                                                                       
05/17/03       (H)       BEFORE THE HOUSE                                                                                       
05/18/03       (H)       TAKE UP SAME DAY FAILED Y25 N11 E4                                                                     
05/19/03       (H)       TRANSMITTED TO (S)                                                                                     
05/19/03       (H)       VERSION: CSHB 272(STA) AM                                                                              
05/19/03       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/19/03       (S)       TRA, L&C                                                                                               
05/03/04       (S)       TRA AT 2:00 PM BELTZ 211                                                                             
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                              
MS. LINDA SYLVESTER                                                                                                             
Staff to Representative Bruce Weyhrauch                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Presented HB 272.                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-22, SIDE A                                                                                                            
                                                                                                                                
CO-CHAIR JOHN  COWDERY called the Senate  Transportation Standing                                                             
Committee meeting to  order at 2:08 p.m.  Present  at the call to                                                               
order were Senators Therriault, Olson, and Co-Chair Cowdery.                                                                    
                                                                                                                                
                  HB 272-MOTOR VEHICLE DEALERS                                                                              
                                                                                                                              
The committee took up HB 272.                                                                                                   
                                                                                                                                
MS.  LINDA SYLVESTER,  Staff to  Representative Bruce  Weyhrauch,                                                               
testified  that  the compromise  reached  has  been to  take  out                                                               
Section 1 of the  bill and replace it with - on page  7, line 3 -                                                               
instructions to the Department of  Law to continue monitoring and                                                               
investigating the  consumer complaint issues  on the sale  of new                                                               
cars being  sold as used cars.   New cars were  converted to used                                                               
cars;  they  essentially  had  low-mileage,  brand  new,  but  no                                                               
manufacturer's certificate  of warranty.  The  sponsor's point is                                                               
that the sale of those  vehicles comes under [indisc.] automobile                                                               
dealer franchiser law.  If  the attorney general continues to see                                                               
this  as  a  problem,  he  can   bring  the  issue  back  to  the                                                               
Legislature, to deal with at another time.                                                                                      
                                                                                                                                
MS.  SYLVESTER  said  the  bill deals  with  clean-up  and  minor                                                               
housecleaning  issues that  arose  from  the omnibus  legislation                                                               
that was  passed in 2002,  HB 182.   At that  time Representative                                                               
Lisa  Murkowski  worked  extensively with  Representative  Andrew                                                               
Halcro and  developed that omnibus  legislation with  Ed Sniffen.                                                               
All parties spoke  in support of that portion  of the legislation                                                               
last year.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT moved to adopt  the committee substitute (CS),                                                               
version  S  [labeled  23-LS0975\S,  Bannister,  4/30/04]  as  the                                                               
working document before the committee.                                                                                          
                                                                                                                                
CO-CHAIR COWDERY asked  if there was any objection.   There being                                                               
none, it was so ordered.                                                                                                        
                                                                                                                                
SENATOR THERRIAULT asked if the text  to be deleted on page 4 was                                                               
from the previous bill.                                                                                                         
                                                                                                                                
MS.  SYLVESTER said  the  text  was from  [HB  182], the  omnibus                                                               
legislation.                                                                                                                    
                                                                                                                                
SENATOR OLSON asked if anybody was in opposition to the bill.                                                                   
                                                                                                                                
MS.  SYLVESTER  responded  that last  year  there  were  comments                                                               
opposing Section  1.  Those  individuals spoke in support  of the                                                               
bill itself.                                                                                                                    
                                                                                                                                
SENATOR OLSON asked who expressed opposition.                                                                                   
                                                                                                                                
MS. SYLVESTER  said the  main individual  was Mr.  Lieberger (ph)                                                               
from Anchorage  who owns a  used car dealership, and  Mr. Allpine                                                               
(ph)  who   is  a  member   of  the  Alaska   Automobile  Dealers                                                               
Association.                                                                                                                    
                                                                                                                                
The committee  took a  brief at-ease, at  the request  of Senator                                                               
Olson.                                                                                                                          
                                                                                                                                
CO-CHAIR COWDERY asked for the will of the committee.                                                                           
                                                                                                                                
SENATOR  THERRIAULT moved  to report  SCS CSHB  272 (TRA)  out of                                                               
committee with individual recommendations and zero fiscal note.                                                                 
                                                                                                                                
CO-CHAIR COWDERY,  upon hearing  no objections, announced  it was                                                               
so ordered.                                                                                                                     
                                                                                                                                
There being no further business  to come before the committee, he                                                               
adjourned the meeting at 2:16 p.m.                                                                                              

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