Legislature(2023 - 2024)

2023-05-11 House Journal

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2023-05-11                     House Journal                      Page 1043
HB 28                                                                                                                         
The following was before the House:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 28(FIN)                                                                                               
    "An Act restricting the release of certain records of convictions;                                                          
    and providing for an effective date."                                                                                       
                                                                                                                                
Amendment No. 1 was offered  by Representative McCabe:                                                                           
                                                                                                                                
Page 3, line 3:                                                                                                                 
    Delete "and"                                                                                                                
                                                                                                                                
Page 3, line 4, following "records":                                                                                            
    Insert "; and                                                                                                               
             (5)  pays a fee established by the agency in regulation in                                                         
    an amount that is not less than $50"                                                                                        
                                                                                                                                
Representative McCabe moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Wright objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 28(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  25   EXCUSED:  0   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Allard, Carpenter, Eastman, C.Johnson, D.Johnson, Josephson,                                                             
McCabe, McKay, Rauscher, Saddler, Shaw, Tilton, Tomaszewski,                                                                    
Vance                                                                                                                           
                                                                                                                                

2023-05-11                     House Journal                      Page 1044
Nays:  Armstrong, Carrick, Coulombe, Cronk, Dibert, Edgmon,                                                                     
Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, McCormick,                                                               
Mears, Mina, Ortiz, Prax, Ruffridge, Schrage, Stapp, Story, Stutes,                                                             
Sumner, Wright                                                                                                                  
                                                                                                                                
Absent:  Patkotak                                                                                                               
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was not offered.                                                                                                
                                                                                                                                
Amendment No. 3 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "convictions;" (title amendment):                                                                   
    Insert "relating to the information a defendant may provide to                                                            
a prospective employer concerning the defendant's criminal                                                                    
history;"                                                                                                                     
                                                                                                                                
Page 2, line 26:                                                                                                                
    Delete "a new subsection"                                                                                                   
    Insert "new subsections"                                                                                                    
                                                                                                                                
Page 3, following line 4:                                                                                                       
    Insert a new subsection to read:                                                                                            
         "(g)  Nothing in (f) of this section permits a defendant to                                                            
    provide a prospective employer inaccurate information concerning                                                            
    the defendant's criminal history."                                                                                          
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Prax objected.                                                                                                   
                                                                                                                                
Representative Eastman moved and asked unanimous consent to                                                                     
withdraw Amendment No. 3.  There being no objection, it was so                                                                  
ordered.                                                                                                                        
                                                                                                                                
Representative McCabe, citing section 403 of Mason's Manual, rose to                                                            
a point of order regarding withdrawal of an amendment after formal                                                              
introduction.                                                                                                                   
                                                                                                                                

2023-05-11                     House Journal                      Page 1045
The Speaker stated that the point was well taken.                                                                               
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 3, line 3, following "convicted of":                                                                                       
    Insert "or charged with"                                                                                                    
                                                                                                                                
Page 3, line 14, following "convicted of":                                                                                      
    Insert "or charged with"                                                                                                    
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Wright objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 28(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  36   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Allard, Carpenter, Eastman, Stutes                                                                                       
                                                                                                                                
Nays:  Armstrong, Carrick, Coulombe, Cronk, Dibert, Edgmon,                                                                     
Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson,                                                               
D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina,                                                                    
Ortiz, Patkotak, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw,                                                             
Stapp, Story, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                        
                                                                                                                                
Allard changed from "NAY" to "YEA"                                                                                              
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
CSHB 28(FIN) be considered engrossed, advanced to third reading,                                                                
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 28(FIN) will advance to third reading on tomorrow's calendar.