Legislature(2001 - 2002)
2001-04-29 House Journal
Full Journal pdf2001-04-29 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.