Legislature(1993 - 1994)

1994-05-07 Senate Journal

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1994-05-07                     Senate Journal                      Page 4470
SB 372                                                                       
SENATE BILL NO. 372 "An Act relating to community local                        
options for control of alcoholic beverages; relating to the control of         
alcoholic beverages; relating to the definition of `alcoholic beverage';       
and providing for an effective date" was read the second time.                 
                                                                               

1994-05-07                     Senate Journal                      Page 4471
SB 372                                                                       
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Committee Substitute offered on page 4346.  Senator             
Ellis objected, then withdrew his objection.  There being no further           
objections, CS FOR SENATE BILL NO. 372(FIN) "An Act relating                   
to community local options for control of alcoholic beverages;                 
relating to the control of alcoholic beverages; relating to the                
definition of `alcoholic beverage'; relating to purchase and sale of           
alcoholic beverages; relating to alcohol server education courses; and         
providing for an effective date" was adopted.                                  
                                                                               
CS FOR SENATE BILL NO. 372(FIN) was read the second time.                      
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 372(FIN) be considered engrossed, advanced to                  
third reading and placed on final passage.  Senator Little objected.           
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
to advance the bill be withdrawn.  Without objection, it was so                
ordered.                                                                       
                                                                               
Senator Jacko offered Amendment No. 1 :                                         
                                                                               
Add a new section to read:                                                     
     AS 04.21.010(c) is amended to read:                                       
	(c)  A municipality may not impose taxes on                                  
alcoholic beverages except a                                                   
		(1)  property tax on alcoholic beverage                                     
inventories;                                                                   
		(2)  sales tax on alcoholic beverage sales if                               
sales taxes are imposed on other sales within the                              
municipality; a sales tax imposed on alcoholic beverages                     
in a municipality with a population of 2,500 or fewer                          
people or in a municipality that had a population of                           
2,500 or fewer people on July1, 1993, may be equal to                          
or higher than the sales tax imposed on other sales                            
within the municipality but may not be lower than the                          
sales tax imposed on other sales within the municipality;                    
		(3)  sales tax on alcoholic beverage sales                                  
that was in effect before July1, 1985; and                                     
                                                                               
                                                                               

1994-05-07                     Senate Journal                      Page 4472
SB 372                                                                       
		(4)  sales and use tax on alcoholic                                         
beverages if the sale of alcoholic beverages within the                        
municipality has been prohibited under AS 04.11.490.                           
                                                                               
Add a new section to read:                                                     
	AS 29.45.650(b) is amended to read:                                           
	(b)  A borough levying a sales tax may also by                               
ordinance levy a use tax on the storage, use, or consumption                   
of tangible personal property in the borough. The use tax                      
rate must equal the sales tax rate except as otherwise                       
provided under AS04.21.010(c), and the use tax shall be                      
levied only on buyers.                                                         
                                                                               
Senator Jacko moved for the adoption of Amendment No. 1.                       
Objections were heard.                                                         
                                                                               
Senator Pearce offered amendment to Amendment No. 1:                           
                                                                               
	In new section (c)(2) after"beverages"                                    
	Delete "in a municipality with a population of 2,500 or                     
fewer people or in a municipality that had a population of 2,500               
or fewer people on July 1, l993,"                                            
                                                                               
Senator Pearce moved for the adoption of amendment to Amendment                
No. 1.  Senator Taylor objected.                                               
                                                                               
The question being:  "Shall amendment to Amendment No. 1 be                    
adopted?"  The roll was taken with the following result:                       
                                                                               
CSSB 372(FIN)                                                                  
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Halford, Jacko, Kelly, Kerttula,                 
Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Zharoff           
                                                                               
Nays:  Adams, Frank, Phillips, Taylor                                          
                                                                               
and so, amendment to Amendment No. 1 was adopted.                              
                                                                               

1994-05-07                     Senate Journal                      Page 4473
SB 372                                                                       
The question being: "Shall Amendment No. 1 as amended be                       
adopted?"  The roll was taken with the following result:                       
                                                                               
CSSB 372(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1 as amended                                                     
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman,           
Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Zharoff                  
                                                                               
Nays:  Adams, Duncan, Phillips, Taylor                                         
                                                                               
and so, Amendment No. 1 as amended was adopted.                                
                                                                               
Senator Lincoln offered Amendment No. 2 :                                       
                                                                               
Page 28, line 8:                                                               
	After  "village"                                                          
	Delete "that has a perimeter no more than 10 miles in                       
diameter clearly designated on a map by the local governing                    
body or the board in the absence of a local governing body,                  
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 2.                     
                                                                               
Senator Lincoln called the Senate.                                             
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 372(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko,                    
Kerttula, Lincoln, Little, Phillips, Rieger, Salo, Zharoff                     
                                                                               
Nays:  Kelly, Leman, Miller, Pearce, Sharp, Taylor                             
                                                                               
                                                                               

1994-05-07                     Senate Journal                      Page 4474
SB 372                                                                       
and so, Amendment No. 2 was adopted.                                           
                                                                               
Senator Taylor offered Amendment No. 3 :                                        
                                                                               
Page 31, line 4:                                                               
	Delete all material.                                                          
	Insert new bill sections to read:                                             
	"* Sec. 62.  AS 04.16.110(2), enacted in sec. 28 of this Act,               
takes effect July 1, 1995.                                                     
	"* Sec. 63. Except as provided in sec. 62 of this Act, this                 
Act takes effect July 1, 1994."                                                
                                                                               
Senator Taylor moved for the adoption of Amendment No. 3.                      
Senator Little objected.                                                       
                                                                               
The question being: "Shall Amendment No. 3 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 372(FIN) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Jacko, Kerttula, Lincoln,                 
Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff                 
                                                                               
Nays:  Ellis, Halford, Kelly, Leman, Rieger                                    
                                                                               
and so, Amendment No. 3 was adopted.                                           
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 372(FIN) am be considered engrossed, advanced                  
to third reading and placed on final passage.  Without objection, it           
was so ordered.                                                                
                                                                               
CS FOR SENATE BILL NO. 372(FIN) am was read the third time.                    
                                                                               
                                                                               

1994-05-07                     Senate Journal                      Page 4475
SB 372                                                                       
The question being: "Shall CS FOR SENATE BILL NO. 372(FIN)                     
am "An Act relating to community local options for control of                  
alcoholic beverages; relating to the control of alcoholic beverages;           
relating to the definition of `alcoholic beverage'; relating to purchase       
and sale of alcoholic beverages; relating to alcohol server education          
courses; and providing for an effective date" pass the Senate?"  The           
roll was taken with the following result:                                      
                                                                               
CSSB 372(FIN) am                                                               
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger,            
Salo, Sharp, Zharoff                                                           
                                                                               
Nays:  Taylor                                                                  
                                                                               
and so, CS FOR SENATE BILL NO. 372(FIN) am passed the                          
Senate.                                                                        
                                                                               
Senator Pearce moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
Senator Kelly gave notice of reconsideration.