Legislature(1993 - 1994)
1994-02-23 House Journal
Full Journal pdf1994-02-23 House Journal Page 2503 HB 61 The following was read the second time: HOUSE BILL NO. 61 "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; and providing for an effective date." with the: Journal Page TRA RPT CS(TRA) 1DP 3DNP 2NR 779 -3 FISCAL NOTE (DPS, LAW, ADM) 3/26/93 780 -2 ZERO FISCAL NOTES(CORR, ADM) 3/26/93 780 JUD RPT CS(JUD) 3DP 2NR 867 -FISCAL NOTE (ADM) 3/31/93 867 -ZERO FISCAL NOTE (LAW) 3/31/93 867 -PREVIOUS FN (DPS) 3/26/93 867 1994-02-23 House Journal Page 2504 HB 61 -2 PREVIOUS ZERO FNS (ADM, CORR) 3/26/93 867 FIN RPT CS(FIN) NEW TITLE 4DP 1DNP 5NR 2401 -2 FISCAL NOTES (ADM, CORR) 2/15/94 2402 -3 ZERO FISCAL NOTES (ADM,DPS,LAW) 2/15 2402 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 61(FIN) "An Act relating to the offense of operating a commercial motor vehicle while intoxicated and the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; relating to chemical testing of a person's breath; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Porter, Nordlund, Ulmer and MacLean: Page 3, after line 18, insert a new bill section to read: "* Sec. 5. AS 28.35.033(c) is amended to read: (c) The provisions of (a) of this section (1) may not be construed to limit the introduction of any other competent evidence bearing upon the question of whether the person was or was not under the influence of intoxicating liquor; and (2) do not apply to a civil action permitted under AS04.21.020." Renumber the following bill section accordingly. Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted. 1994-02-23 House Journal Page 2505 HB 61 Amendment No. 2 was offered by Representative Larson: Page 3, lines 19 - 24: Delete all material Renumber the following bill section accordingly. Representative Larson moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Nordlund objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 61(FIN) am Second Reading Amendment No. 2 YEAS: 24 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, G.Davis, Foster, Grussendorf, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Olberg, Phillips, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Davies, Finkelstein, Green, Hanley, Hoffman, Martin, Navarre, Nicholia, Nordlund, Parnell, Porter, Therriault Excused: Davidson, B.Davis, Menard And so, Amendment No. 2 was adopted. Representative Phillips moved and asked unanimous consent that CSHB 61(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 61(FIN) am was read the third time. 1994-02-23 House Journal Page 2506 HB 61 The question being: "Shall CSHB 61(FIN) am pass the House?" The roll was taken with the following result: CSHB 61(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 3 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davies, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Barnes, G.Davis, Foster, Sanders, Vezey Excused: Davidson, B.Davis, Menard And so, CSHB 61(FIN) am passed the House. 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. Representative Mulder gave notice of reconsideration of his vote on CSHB 61(FIN) am.