Legislature(2005 - 2006)

2005-05-09 House Journal

Full Journal pdf

2005-05-09                     House Journal                      Page 1867
SB 87                                                                                             
The following, which was moved to the bottom of the calendar (page                                  
1859), was again before the House:                                                                  
                                                                                                    

2005-05-09                     House Journal                      Page 1868
     HOUSE CS FOR SENATE BILL NO. 87(JUD)                                                           
     "An Act relating to motor vehicle safety belt violations."                                     
                                                                                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
HCS SB 87(JUD) 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 Representative Dahlstrom:                                            
                                                                                                    
Page 2, lines 8 - 13:                                                                               
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
Representative McGuire placed a call of the House on the bill.                                      
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 87(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins,                                      
Gardner, Gatto, Guttenberg, Holm, Kohring, Kott, LeDoux, Lynn,                                      
Neuman, Ramras, Stoltze, Thomas                                                                     
                                                                                                    
Nays:  Anderson, Berkowitz, Croft, Foster, Gara, Gruenberg, Harris,                                 
Hawker, Joule, Kapsner, Kelly, Kerttula, McGuire, Meyer, Moses,                                     
Olson, Rokeberg, Salmon, Samuels, Seaton, Weyhrauch, Wilson                                         
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            

2005-05-09                     House Journal                      Page 1869
Amendment No. 2 and Amendment No. 3 were not offered.                                               
                                                                                                    
Representative Stoltze moved and asked unanimous consent that HCS                                   
SB 87(JUD) be returned to second reading for the specific purpose of                                
considering Amendment No. 5.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 5 was offered by Representative Stoltze:                                              
                                                                                                    
Page 1, line 1, following "violations" (title amendment):                                         
 Insert "; and providing for an effective date"                                                   
                                                                                                    
Page 2, following line 13:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 4.  AS 28.05.095(e) is amended to read:                                                   
         (e)  Notwithstanding any other provision of law, a peace                                   
     officer may not stop or detain a motor vehicle to determine                                    
     compliance with (a) of this section, or issue a citation for a                                 
     violation of (a) of this section, unless the peace officer has                                 
     probable cause to stop or detain the motor vehicle other than for                          
     a violation of (a) of this section."                                                       
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Page 2, following line 18:                                                                          
 Insert new bill sections to read:                                                                  
"* Sec. 6.  AS 28.05.095(f) is repealed.                                                          
   * Sec. 7.  Sections 1 - 3 and 5 of this Act take effect July 1, 2005.                          
   * Sec. 8.  Sections 4 and 6 of this Act take effect June 30, 2008."                            
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 87(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    

2005-05-09                     House Journal                      Page 1870
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Crawford, Dahlstrom, Elkins, Gardner,                                     
Gatto, Guttenberg, Harris, Holm, Kohring, Kott, LeDoux, Lynn,                                       
Meyer, Neuman, Ramras, Stoltze, Thomas                                                              
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Croft, Foster, Gara, Gruenberg,                                 
Hawker, Joule, Kapsner, Kelly, Kerttula, McGuire, Moses, Olson,                                     
Rokeberg, Salmon, Samuels, Seaton, Weyhrauch, Wilson                                                
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
Representative Stoltze moved and asked unanimous consent that HCS                                   
SB 87(JUD) be returned to second reading for the specific purpose of                                
considering Amendment No. 4.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 4 was offered by Representative Stoltze:                                              
                                                                                                    
Page 1, following line 2:                                                                           
 Insert a new bill section to read:                                                                 
   "* Section 1.  AS 18.80.060(a) is amended to read:                                             
      (a)  In addition to the other powers and duties prescribed by                                 
     this chapter, the commission shall                                                             
       (1)  appoint an executive director approved by the                                           
     governor;                                                                                      
       (2)  hire other administrative staff as may be necessary to                                  
     the commission's function;                                                                     
       (3)  exercise general supervision and direct the activities                                  
     of the executive director and other administrative staff;                                      
       (4)  accept complaints under AS 18.80.100;                                                   
       (5)  study the problems of discrimination in all or specific                                 
     fields of human relationships, foster through community effort or                              
     goodwill, cooperation and conciliation among the groups and                                    
     elements of the population of the state, and publish results of                                
     investigations and research as in its judgment will tend to                                    
     eliminate discrimination because of race, religion, color, national                            
     ancestry, physical or mental disability, age, sex, marital status,                             
     changes in marital status, pregnancy, or parenthood;                                           
       (6)  make an overall assessment, at least once every three                                   
     years, of the progress made toward equal employment opportunity                                

2005-05-09                     House Journal                      Page 1871
     by every department of state government; results of the                                        
     assessment shall be included in the annual report made under AS                                
     18.80.150;                                                                                     
       (7)  annually study the demographics of the                                              
     application of the primary seat belt law provided for in AS                                
     28.05.095(a) and compile a report that identifies who and what                             
     groups are being found to be in violation of the law and                                   
     identifies the violations by areas of the state; the commission                            
     shall include this report with its annual report to the                                    
     legislature required by AS 18.80.150."                                                     
                                                                                                    
Page 1, line 3:                                                                                     
 Delete "Section 1"                                                                               
 Insert "Sec. 2"                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
Representative Stoltze moved and asked unanimous consent to                                         
withdraw Amendment No. 4.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
HCS SB 87(JUD) be returned to second reading for the specific                                       
purpose of considering Amendment No. 6.                                                             
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
The question being:  "Shall HCS SB 87(JUD) be returned to second                                    
reading for the specific purpose of considering Amendment No. 6?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
HCS SB 87(JUD)                                                                                      
Third Reading                                                                                       
Return to Second for Amendment No. 6                                                                
                                                                                                    
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    

2005-05-09                     House Journal                      Page 1872
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                 
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux,                                     
Lynn, McGuire, Meyer, Moses, Olson, Ramras, Rokeberg, Salmon,                                       
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Nays:  Dahlstrom, Elkins, Kott, Neuman, Weyhrauch                                                   
                                                                                                    
And so, HCS SB 87(JUD) was returned to second reading.                                              
                                                                                                    
                                                                                                    
Amendment No. 6 was offered by Representatives McGuire and                                          
Gruenberg:                                                                                          
                                                                                                    
Page 2, lines 8 - 13:                                                                               
 Delete all material and insert:                                                                    
   "* Sec. 3.  AS 28.05.095(e) is amended to read:                                                
         (e)  Notwithstanding any other provision of law, a peace                                   
     officer may not stop or detain a motor vehicle being operated in                           
     a rural area to determine compliance with (a) of this section, or                          
     issue a citation for a violation of (a) of this section, unless the                            
     peace officer has probable cause to stop or detain the motor                                   
     vehicle other than for a violation of (a) of this section or the                           
     violation occurred within a rural area that is a municipality                              
     and that municipality has enacted an ordinance providing that                              
     a violation of (a) of this section is a primary offense.  In this                          
     subsection, "rural area" means a community                                                 
                (1)  with a population of 5,000 or less; and                                   
              (2)  that is not connected by road to Anchorage or                                
     Fairbanks."                                                                                
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
                                                                                                    
HCS SB 87(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    

2005-05-09                     House Journal                      Page 1873
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Foster,                                     
Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula,                                     
LeDoux, McGuire, Rokeberg, Salmon, Samuels, Thomas, Wilson                                          
                                                                                                    
Nays:  Coghill, Croft, Dahlstrom, Elkins, Gatto, Harris, Hawker,                                    
Holm, Kelly, Kohring, Kott, Lynn, Meyer, Moses, Neuman, Olson,                                      
Ramras, Seaton, Stoltze, Weyhrauch                                                                  
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
HCS SB 87(JUD) was automatically in third reading.                                                  
                                                                                                    
The question being:  "Shall HCS SB 87(JUD) pass the House?"  The                                    
roll was taken with the following result:                                                           
                                                                                                    
HCS SB 87(JUD)                                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  21   NAYS:  19   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Gara, Gruenberg,                                      
Harris, Hawker, Joule, Kapsner, Kerttula, McGuire, Meyer, Moses,                                    
Olson, Rokeberg, Salmon, Samuels, Seaton, Weyhrauch, Wilson                                         
                                                                                                    
Nays:  Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster, Gardner,                                
Gatto, Guttenberg, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                        
Neuman, Ramras, Stoltze, Thomas                                                                     
                                                                                                    
And so, HCS SB 87(JUD) passed the House.                                                            
                                                                                                    
                                                                                                    
Representative Dahlstrom gave notice of reconsideration of the vote                                 
on HCS SB 87(JUD).