Legislature(2001 - 2002)

2001-04-29 House Journal

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2001-04-29                     House Journal                      Page 1360
HB 4                                                                                              
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 4                                                                               
     "An Act relating to offenses involving operating a motor vehicle,                              
     aircraft, or watercraft while under the influence of an alcoholic                              
     beverage or controlled substance; relating to implied consent to                               
     take a chemical test; relating to registration of motor vehicles;                              
     relating to presumptions arising from the amount of alcohol in a                               
     person's breath or blood; and providing for an effective date."                               
                                                                                                    
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 TRA RPT CS(TRA) NT 1DNP 2NR 2AM                                       470                          
 FN1: (ADM); FN2: (ADM); FN3: (COR); FN4: (CRT) 471                                                 
 FN5: (HSS); FN6: (HSS); FN7: (HSS); FN8: (HSS)                        471                          
 FN9: (LAW); FN10: (DPS)                                               472                          
 JUD RPT CS(JUD) NT 1DP 5NR                                            852                          
 FN5: (HSS);  FN6: (HSS); FN11: ZERO(HSS)                              853                          
 FN12: ZERO(HSS); FN13: (ADM); FN14: (ADM)                             853                          
 FN15: (COR); FN16: (CRT); FN17: (LAW); FN18: (DPS) 853                                             
 FIN RPT CS(FIN) NT 4DP 4NR 1AM                                      1299                           
 FN5: (HSS); FN6: (HSS); FN11: ZERO(HSS)                             1300                           
 FN12: ZERO(HSS); FN16: (CRT); FN19: (ADM)                           1300                           
 FN20: (ADM); FN21: (COR); FN22: (LAW); FN23: (DPS) 1300                                            
                                                                                                    

2001-04-29                     House Journal                      Page 1361
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 4(FIN)                                                                   
     "An Act relating to motor vehicles and to operating a motor                                    
     vehicle, aircraft, or watercraft; and providing for an effective                               
     date."                                                                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 17, lines 9 and 11:                                                                            
 Delete "shall"                                                                                 
 Insert "may"                                                                                   
                                                                                                    
Page 20, line 14:                                                                                   
 Delete "shall [MAY]"                                                                           
 Insert "may"                                                                                       
                                                                                                    
Page 26, lines 8 and 10:                                                                            
 Delete "shall"                                                                                 
 Insert "may"                                                                                   
                                                                                                    
Page 29, line 23:                                                                                   
 Delete "shall [MAY]"                                                                           
 Insert "may"                                                                                       
                                                                                                    
Page 32, lines 15 - 16:                                                                             
 Delete "and shall order forfeiture of the motor vehicle,                                       
aircraft, or watercraft"                                                                        
                                                                                                    
Page 32, lines 17 and 19:                                                                           
 Delete "twice"                                                                                 
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   

2001-04-29                     House Journal                      Page 1362
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 4(FIN)                                                                                         
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  22   NAYS:  15   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Fate,                                   
Green, Guess, Halcro, Hayes, Joule, Kapsner, Kerttula, Kott, Masek,                                 
McGuire, Morgan, Moses, Porter, Scalzi, Williams                                                    
                                                                                                    
Nays:  Chenault, Dyson, Foster, Harris, Hudson, James, Kohring,                                     
Lancaster, Meyer, Mulder, Ogan, Rokeberg, Stevens, Whitaker,                                        
Wilson                                                                                              
                                                                                                    
Excused:  Kookesh, Murkowski                                                                        
                                                                                                    
Absent:  Bunde                                                                                      
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 12, lines 8 - 14:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
Representative Berkowitz moved and asked unanimous consent to                                       
withdraw Amendment No. 2.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    

2001-04-29                     House Journal                      Page 1363
Amendment No. 3 was offered  by Representative Davies:                                               
                                                                                                    
Page 4, line 19:                                                                                    
 Delete "in a distinctive color"                                                                    
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 4(FIN) am                                                                                      
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  34   NAYS:  4   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Davies, Dyson,                                 
Fate, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule,                                    
Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                 
Morgan, Moses, Mulder, Ogan, Porter, Scalzi, Stevens, Whitaker,                                     
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Bunde, Coghill, Foster, Rokeberg                                                             
                                                                                                    
Excused:  Kookesh, Murkowski                                                                        
                                                                                                    
And so, Amendment No. 3 was adopted.                                                                
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representative Scalzi:                                               
                                                                                                    
Page 35, line 13:                                                                                   
 Delete "July 1, 2001"                                                                              
 Insert "January 1, 2002"                                                                           
                                                                                                    
Representative Scalzi moved and asked unanimous consent that                                        
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2001-04-29                     House Journal                      Page 1364
Amendment to Amendment No. 4 was offered  by Representative                                          
Rokeberg:                                                                                           
                                                                                                    
 Delete "January 1, 2002"                                                                           
 Insert "September 1, 2001"                                                                         
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment to Amendment No. 4 be adopted.                                                            
                                                                                                    
Representative Ogan objected.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment to Amendment No. 4 be                                         
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 4(FIN) am                                                                                      
Second Reading                                                                                      
Amendment to Amendment No. 4                                                                        
                                                                                                    
YEAS:  31   NAYS:  4   EXCUSED:  2   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hudson,                                  
James, Joule, Kapsner, Kerttula, Kott, Lancaster, Masek, McGuire,                                   
Meyer, Morgan, Mulder, Porter, Rokeberg, Scalzi, Stevens                                            
                                                                                                    
Nays:  Hayes, Ogan, Whitaker, Wilson                                                                
                                                                                                    
Excused:  Kookesh, Murkowski                                                                        
                                                                                                    
Absent:  Kohring, Moses, Williams                                                                   
                                                                                                    
And so, Amendment to Amendment No. 4 was adopted.                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 4 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 4(FIN) am                                                                                      
Second Reading                                                                                      
Amendment No. 4 as amended                                                                          
                                                                                                    
                                                                                                    
YEAS:  11   NAYS:  26   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    

2001-04-29                     House Journal                      Page 1365
Yeas:  Bunde, Chenault, Davies, Hayes, Kohring, Kott, Masek,                                        
McGuire, Morgan, Scalzi, Williams                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dyson, Fate,                                    
Foster, Green, Guess, Halcro, Harris, Hudson, James, Joule, Kapsner,                                
Kerttula, Lancaster, Meyer, Mulder, Ogan, Porter, Rokeberg, Stevens,                                
Whitaker, Wilson                                                                                    
                                                                                                    
Excused:  Kookesh, Murkowski                                                                        
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 4 as amended was not adopted.                                                 
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
4(FIN) am be considered engrossed, advanced to third reading, and                                   
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 4(FIN) am was read the third time.                                                             
                                                                                                    
The question being:  "Shall CSHB 4(FIN) am pass the House?"  The                                    
roll was taken with the following result:                                                           
                                                                                                    
CSHB 4(FIN) am                                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
Masek, McGuire, Meyer, Morgan, Mulder, Ogan, Porter, Rokeberg,                                      
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Kookesh, Murkowski                                                                        
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 4(FIN) am passed the House.                                                            
                                                                                                    
Representative James 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.                                
                                                                                                    

2001-04-29                     House Journal                      Page 1366
Representative Masek gave notice of reconsideration of her vote on                                  
CSHB 4(FIN) am.