Legislature(2005 - 2006)
2005-04-12 House Journal
Full Journal pdf2005-04-12 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.