Legislature(2003 - 2004)

2004-03-29 House Journal

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2004-03-29                     House Journal                      Page 3112
HB 428                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 428                                                                              
    "An Act relating to civil liability for acts related to obtaining                               
    alcohol for persons under 21 years of age or for persons under 21                               
    years of age being on licensed premises."                                                       
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 5DP                                                      2741                              
 FN1: ZERO(CRT)                                                   2742                              
 FN2: ZERO(DPS)                                                   2742                              
 JUD RPT CS(JUD) 4DP 1AM                                          3046                              
 FN1: ZERO(CRT)                                                   3046                              
 FN2: ZERO(DPS)                                                   3046                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2004-03-29                     House Journal                      Page 3113
    CS FOR HOUSE BILL NO. 428(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Meyer:                                                
                                                                                                    
Page 2, line 3:                                                                                     
 Delete "Department of Law"                                                                         
 Insert "board"                                                                                     
                                                                                                    
Representative Meyer moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
Amendment No. 2 was offered  by Representative Gara:                                                 
                                                                                                    
Page 2, following line 7:                                                                           
 Insert a new bill subsection to read:                                                              
         "(d) The licensee must provide 75 percent of annual net                                    
    proceeds from collection of fines imposed under this section for                                
    alcohol abuse treatment or education.  Donation of proceeds to                                  
    non-profit organizations that work on alcohol abuse education or                                
    treatment complies with this subsection.  The Alcoholic Beverage                                
    Control Board shall issue forms and regulations to implement this                               
    section.  A governmental subdivision of this state may enforce                                  
    local rules that differ from this subsection."                                                  
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
**The presence of Representatives Kohring, Samuels, and Hawker                                      
was noted.                                                                                          
                                                                                                    

2004-03-29                     House Journal                      Page 3114
Representative Gruenberg moved and asked unanimous consent that                                     
the question be divided.                                                                            
                                                                                                    
Representative Gara objected.                                                                       
                                                                                                    
Representative Gruenberg moved and asked unanimous consent to                                       
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
**The presence of Representative Chenault was noted.                                                
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 428(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  15   NAYS:  23   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gruenberg,                                     
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn,                                          
Weyhrauch, Wolf                                                                                     
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Fate, Foster, Harris,                                    
Hawker, Heinze, Holm, Kohring, Masek, McGuire, Meyer, Morgan,                                       
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson                                                                                              
                                                                                                    
Excused:  Gatto                                                                                     
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 9:                                                                                     
    Following "person"                                                                              
         Insert ","                                                                                 
                                                                                                    
Page 1, line 10:                                                                                    
    Following "AS 04.16.060"                                                                        
         Insert ","                                                                                 
                                                                                                    

2004-03-29                     House Journal                      Page 3115
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 3 was adopted.                                                                        
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Gruenberg and                                        
Meyer:                                                                                              
                                                                                                    
Page 2, line 1, following "defendant":                                                              
 Insert "at the defendant's last known address 15 days or more                                      
before the action is commenced"                                                                     
                                                                                                    
Page 2, line 2, following "authorized":                                                             
 Delete "to the defendant at the defendant's last known address 15                                  
days or more before the action is commenced"                                                        
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 4 was adopted.                                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 428(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 428(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 428(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 428(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    

2004-03-29                     House Journal                      Page 3116
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                     
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf                                                  
                                                                                                    
Excused:  Gatto                                                                                     
                                                                                                    
Absent:  Harris, Moses, Weyhrauch                                                                   
                                                                                                    
And so, CSHB 428(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.