Legislature(2003 - 2004)

2004-05-08 House Journal

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2004-05-08                     House Journal                      Page 4012
SB 170                                                                                            
The following, which was advanced to third reading from the May 7,                                  
2004, calendar (page 3960), was read the third time:                                                
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN)                                                    
    "An Act relating to the justification of defense of self or others,                             
    immunity from prosecution, sentencing, probation, discretionary                                 
    parole, and the right to representation in certain criminal                                     
    proceedings; relating to violation of a custodian's duty; relating to                           
    sexual abuse of a minor; relating to release of information                                     
    concerning certain cases involving a minor; relating to local                                   
    options regarding alcoholic beverages, the offense of furnishing or                             
    delivery of alcoholic beverages to a person under 21 years of age,                              
    and forfeiture of property used in, and money or other items of                                 
    value used in financial transactions derived from, violation of                                 
    certain laws relating to alcoholic beverages; relating to assault by                            
    means of a dangerous instrument; relating to operating or driving                               
    a motor vehicle, aircraft, or watercraft while under the influence                              

2004-05-08                     House Journal                      Page 4013
    of an alcoholic beverage, inhalant, or controlled substance, to the                             
    refusal to submit to a chemical test, and to the presumptions                                   
    concerning the chemical analysis of breath or blood; and                                        
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
HCS CSSB 170(FIN) be returned to second reading for the specific                                    
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Gara, Berkowitz,                                     
and Kerttula:                                                                                       
                                                                                                    
Page 8, line 19, following "treatment" through line 21:                                             
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 170(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  19   EXCUSED:  2   ABSENT:  7                                                  
                                                                                                    
Yeas:  Cissna, Crawford, Fate, Gara, Gruenberg, Guttenberg, Joule,                                  
Kerttula, Masek, Moses, Seaton, Weyhrauch                                                           
                                                                                                    
Nays:  Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker, Heinze,                                   
Kohring, Kott, Lynn, Morgan, Ogg, Rokeberg, Samuels, Stepovich,                                     
Stoltze, Williams, Wilson, Wolf                                                                     
                                                                                                    

2004-05-08                     House Journal                      Page 4014
Excused:  Holm, Kookesh                                                                             
                                                                                                    
Absent:  Anderson, Berkowitz, Chenault, Croft, Kapsner, McGuire,                                    
Meyer                                                                                               
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
HCS CSSB 170(FIN) be returned to second reading for the specific                                    
purpose of considering Amendment No. 2.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 2 was offered  by Representatives Kerttula, Gara, and                                  
Berkowitz:                                                                                          
                                                                                                    
Page 11, line 4 through page 12, line 11:                                                           
 Delete all material.                                                                               
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
Representative Samuels placed a call of the House and lifted the call.                              
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 170(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Fate, Gara, Gruenberg,                                          
Guttenberg, Joule, Kapsner, Kerttula, Masek, Ogg, Weyhrauch                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Foster, Gatto,                                
Harris, Hawker, Heinze, Kohring, Kott, Lynn, McGuire, Meyer,                                        
Morgan, Moses, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    

2004-05-08                     House Journal                      Page 4015
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
The question being:  "Shall HCS CSSB 170(FIN) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 170(FIN)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  8   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Croft, Dahlstrom,                                    
Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Joule, Kapsner, Kott, Lynn, McGuire, Meyer, Morgan, Rokeberg,                                       
Samuels, Stepovich, Stoltze, Williams, Wilson, Wolf                                                 
                                                                                                    
Nays:  Crawford, Gara, Kerttula, Kohring, Masek, Ogg, Seaton,                                       
Weyhrauch                                                                                           
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
Absent:  Cissna, Moses                                                                              
                                                                                                    
And so, HCS CSSB 170(FIN) passed the House.                                                         
                                                                                                    
Representative Coghill 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 Gruenberg gave notice of reconsideration of the vote                                 
on HCS CSSB 170(FIN).