Legislature(1995 - 1996)
03/27/1995 01:34 PM JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.