Legislature(2005 - 2006)
2005-05-09 House Journal
Full Journal pdf2005-05-09 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). SB 87 Representative Gruenberg moved and asked unanimous consent that reconsideration of HCS SB 87(JUD) be taken up on the same day. There was objection. 2005-05-09 House Journal Page 1874 Representative Gruenberg moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered.