Legislature(2005 - 2006)
2006-05-09 House Journal
Full Journal pdf2006-05-09 House Journal Page 3966 SB 206 Representative Coghill brought up reconsideration of the vote on HCS CSSB 206(FIN) (page 3895). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 206(FIN) "An Act relating to contempt of court and to temporary detention and identification of persons." SB 206 HCS CSSB 206(FIN) was again before the House in third reading under reconsideration. Representative Kerttula moved and asked unanimous consent that HCS CSSB 206(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. 2006-05-09 House Journal Page 3967 Amendment No. 2 was offered by Representatives Kerttula and Berkowitz: Page 2, lines 11 - 13: Delete all material and insert: "Sec. 12.50.201. Temporary detention and identification of persons. (a) A peace officer may temporarily detain a person if necessary due to exigent circumstances and if the peace officer has reasonable suspicion that" Page 2, lines 17 - 19: Delete all material and insert: "(B) was at the scene, or in the immediate vicinity, during the commission of a felony crime against a person under AS 11.41 or a felony property crime under AS 11.46;" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Anderson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 206(FIN)--RECONSIDERATION Second Reading Amendment No. 2 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Elkins, Gara, Gardner, Gatto, Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Neuman, Salmon, Weyhrauch, Wilson Nays: Anderson, Chenault, Coghill, Croft, Dahlstrom, Foster, Gruenberg, Harris, Hawker, Holm, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Moses, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas And so, Amendment No. 2 was not adopted. 2006-05-09 House Journal Page 3968 Representative Gruenberg moved and asked unanimous consent that HCS CSSB 206(FIN) be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representatives Gruenberg, Anderson, Gardner, and McGuire: Page 1, line 1 (title amendment): Delete "and" Insert "; relating to televisions, monitors, portable computers, and similar devices in motor vehicles; relating to" Page 1, line 2, following "persons" (title amendment): Insert "; and providing for an effective date" Page 4, following line 2: Insert new bill sections to read: "* Sec. 3. AS 28.35 is amended by adding a new section to read: Sec. 28.35.161. Driving a motor vehicle with a television, monitor, or similar device operating; unlawful installation of television, monitor, or similar device. (a) A person commits the crime of driving with a screen operating if (1) the person is driving the motor vehicle; (2) the vehicle has, temporarily or permanently installed in the vehicle or using power from the vehicle, a television, video monitor, portable computer, or any other similar means to create a visual display visible to the person while the person is driving the motor vehicle; and (3) the monitor or visual display is operating while the person is driving. (b) A person may not install or alter equipment described in (a)(2) of this section that allows the display to be visible to the driver while the vehicle is in motion. (c) Subsections (a) and (b) of this section do not apply to (1) portable cellular telephones; (2) equipment that is displaying only (A) audio equipment information, functions, and controls; (B) vehicle information or controls related to speed, 2006-05-09 House Journal Page 3969 fuel level, battery charge, and other vehicle safety or equipment information; (C) navigation or global positioning; (D) maps; (E) visual information to enhance or supplement the driver's view forward, behind, or to the sides of the motor vehicle for the purpose of maneuvering the vehicle; (F) vehicle dispatching and response information for motor vehicles providing emergency road service or roadside assistance; or (G) vehicle dispatching information for passenger transport or freight or package delivery. (d) Subsections (a) and (b) of this section do not apply to equipment installed in an emergency vehicle. In this subsection, "emergency vehicle" means a police, fire, or emergency medical service vehicle. (e) It is an affirmative defense to a prosecution under (b) of this section that the equipment installed or altered also includes a device that, when the motor vehicle is being driven, disables the equipment for all uses except those described in (c) of this section. (f) A person who violates (a) of this section is guilty of (1) a class A misdemeanor, unless any of the circumstances described in (2) - (4) of this subsection apply; (2) a class C felony if the person's driving causes physical injury to another person; (3) a class B felony if the person's driving causes serious physical injury to another person; (4) a class A felony if the person's driving causes the death of another person. (g) A person who violates (b) of this section is guilty of a class A misdemeanor. * Sec. 4. Section 3 of this Act takes effect September 1, 2006." Representative Gruenberg moved and asked unanimous consent that Amendment No. 3 be adopted. There was objection. Representative Gruenberg moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. 2006-05-09 House Journal Page 3970 HCS CSSB 206(FIN) was automatically in third reading. The question to be reconsidered: "Shall HCS CSSB 206(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 206(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 10 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gatto, Gruenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson Nays: Berkowitz, Cissna, Gara, Gardner, Guttenberg, Joule, Kerttula, LeDoux, Salmon, Seaton Absent: Weyhrauch And so, HCS CSSB 206(FIN) passed the House on reconsideration and was referred to the Chief Clerk for engrossment.