Legislature(2005 - 2006)

2005-04-12 House Journal

Full Journal pdf

2005-04-12                     House Journal                      Page 0996
HB 131                                                                                            
The following, which was advanced to third reading from the April 11,                               
2005, calendar (page 966), was read the third time:                                                 
                                                                                                    
    HOUSE BILL NO. 131                                                                              
    "An Act increasing the criminal classification of theft of an access                            
    device and of obtaining an access device or identification                                      
    documents by fraudulent means; increasing the criminal                                          
    classification for certain cases of fraudulent use of an access                                 
    device; and providing for an effective date."                                                   
                                                                                                    
Representative Gara moved and asked unanimous consent that HB 131                                   
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 Gara:                                                 
                                                                                                    

2005-04-12                     House Journal                      Page 0997
Page 2, line 14, following "device":                                                            
 Insert ", and the person attempts to make a purchase with that                                 
access device"                                                                                  
                                                                                                    
Page 3, line 21:                                                                                    
 Delete "C felony [A MISDEMEANOR]"                                                              
 Insert "A misdemeanor, and a class C felony if the person                                      
attempts to use the access device or identification document either                             
to make a purchase or for other financial gain"                                                 
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Stoltze objected.                                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HB 131                                                                                              
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  26   EXCUSED:  3   ABSENT:  3                                                   
                                                                                                    
Yeas:  Cissna, Crawford, Elkins, Gara, Gardner, Kerttula, Moses,                                    
Weyhrauch                                                                                           
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto,                                       
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kohring, Kott,                                         
LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Salmon,                                      
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Excused:  Berkowitz, Joule, Kapsner                                                                 
                                                                                                    
Absent:  Croft, Kelly, Ramras                                                                       
                                                                                                    
Gardner changed from "Nay" to "Yea".                                                                
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
The question being:  "Shall HB 131 pass the House?"  The roll was                                   
taken with the following result:                                                                    

2005-04-12                     House Journal                      Page 0998
                                                                                                    
HB 131                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  3   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Dahlstrom,                                    
Elkins, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Holm, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                       
Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton,                                     
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Nays:  Gara                                                                                         
                                                                                                    
Excused:  Berkowitz, Joule, Kapsner                                                                 
                                                                                                    
Absent:  Croft, Kelly, Ramras                                                                       
                                                                                                    
And so, HB 131 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 Kerttula gave notice of reconsideration of the vote on                               
HB 131.