03/27/1995 01:34 PM Senate JUD

 SJUD - 3/27/95                                                                
                                                                               
       SB  87 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC.                      
                                                                               
 The committee took up CSSB 87(CRA).  SENATOR GREEN moved the                  
 adoption of Amendment #3, by Ford, dated 3/25/95.                             
                                                                               
 SENATOR TAYLOR explained the committee adopted an amendment at the            
 last meeting to include the word "non-profit" in the definition of            
 various clubs.  The Division of Legal Services has submitted                  
 Amendment #3 to clean up that language.                                       
                                                                               
 SENATOR TAYLOR asked Mr. Sharrock, Chairman of the Alcohol Beverage           
 Control Board, if he was in opposition to the amendment.  Mr.                 
 Sharrock was not.                                                             
 JOE AMBROSE, staff to Senator Taylor, commented he worked with                
 Senator Hoffman's staff to develop the amendment, and Senator                 
 Hoffman concurred with the language.  Mr. Ambrose noted Amendment             
 subsection (C), and significantly strengthens local option                    
 decisions by giving the people of the community a greater voice as            
 to what activities may occur in the community.                                
                                                                               
 There being no objection to Amendment #3, it was adopted.                     
                                                                               
 Number 176                                                                    
                                                                               
 SENATOR ADAMS submitted Amendment #4 at the request of Mayor Don              
 Long of Barrow.  Amendment #4 requires a two year period between              
 elections be included in the bill.  Current statute requires 12 to            
 18 months between election periods.                                           
                                                                               
 SENATOR ADAMS moved the adoption of Amendment #4.  SENATOR MILLER             
 objected.  SENATOR GREEN asked if the intent was to prevent the               
 same issue from being up for vote repeatedly.  SENATOR ADAMS                  
 clarified the amendment would require a two year waiting period.              
                                                                               
 A roll call vote was taken with the following result:  Senators               
 Green, Miller, and Taylor voted "Nay," and Senators Ellis and Adams           
 voted "Yea."  The motion to adopt Amendment #4 failed.                        
                                                                               
 SENATOR ADAMS moved the adoption of Amendment #5, which orders the            
 transfer of any property forfeited and seized in a municipality to            
 that municipality.                                                            
                                                                               
 SENATOR TAYLOR objected for the purpose of further discussion.  He            
 stated he believes it is an excellent idea that provides a strong             
 incentive for the community to ensure that assets used in the                 
 importation of alcohol are seized.  SENATOR TAYLOR asked Mr.                  
 Sharrock if the amendment would include instrumentalities used in             
 the process of bringing such property into the community.  MR.                
 SHARROCK was unable to answer that question.  MR. AMBROSE clarified           
 the amendment does include aircraft.                                          
                                                                               
 SENATOR TAYLOR withdrew his objection to Amendment #5.  There being           
 no objection, Amendment #5 was adopted.                                       
                                                                               
 SENATOR ADAMS asked if Amendment #2, pertaining to fees, was                  
 adopted.  SENATOR TAYLOR replied that Amendment #2 was tabled at              
 the last meeting.  SENATOR MILLER moved to reconsider Amendment #2.           
 There being no objection, so moved.  SENATOR ADAMS asked if the               
 committee wanted to split the question or vote on the entire                  
 amendment.  SENATOR TAYLOR suggested voting on the entire                     
 amendment.  There being no objection to the adoption of Amendment             
                                                                               
 SENATOR TAYLOR commented it was his understanding that the people             
 wishing to testify via teleconference were primarily interested in            
 strengthening the local option provision.  Because that amendment             
 was adopted, and because of time constraints, he asked anyone                 
 wishing to testify to contact the Senate Finance Committee.                   
                                                                               
 SENATOR ADAMS asked those who have problems with CSSB 87(JUD) to              
 contact individual offices for clarification of changes made by the           
 amendments.                                                                   
                                                                               
 SENATOR GREEN moved CSSB 87(JUD) to the next committee of referral            
 with individual recommendations.  SENATOR TAYLOR objected for the             
 purpose of discussion.                                                        
                                                                               
 Theresa Williams, Department of Law, commented she has not seen               
 Amendment #3, but will address her concerns to the Senate Finance             
 Committee.                                                                    
                                                                               
 SENATOR TAYLOR withdrew his objection.  CSSB 87(JUD) moved out of             
 committee with individual recommendations.