Legislature(1997 - 1998)

04/09/1998 11:15 AM Senate RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE RULES COMMITTEE                                         
                    April 9, 1998                                              
                      11:15 a.m.                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Tim Kelly, Chair                                                       
Senator Loren Leman, Vice Chair                                                
Senator Robin Taylor                                                           
Senator John Torgerson                                                         
Senator Jim Duncan                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE BILL NO. 233                                                            
"An Act extending the termination date of the Alcoholic Beverage               
Control Board."                                                                
                                                                               
SENATE BILL NO. 319                                                            
"An Act relating to arbitration; amending Rules 57(a) and 77(g),               
Alaska Rules of Civil Procedure; and providing for an effective                
date."                                                                         
                                                                               
SENATE JOINT RESOLUTION NO. 35                                                 
Proposing an amendment to the Constitution of the State of Alaska              
relating to participation in an abortion.                                      
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SB 233 - See Labor and Commerce minutes dated 3/12/98.                         
         Finance report 4/6/98.                                                
         Rules minutes dated 4/7/98.                                           
                                                                               
SB 319 - See Labor and Commerce minutes dated 3/10/98 and 3/12/98              
         and Judiciary minutes dated 4/1/98.                                   
                                                                               
SJR 35 - See Judiciary Committee minutes dated 2/16/98.                        
         Finance report 4/8/98.                                                
                                                                               
WITNESS REGISTER                                                               
                                                                               
Tim Benintendi, Staff to Senate Rules Committee                                
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
Larry Stevens, Staff to Senator Bert Sharp                                     
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-4 , SIDE A                                                             
                                                                               
CHAIRMAN KELLY called the Senate Rules Committee meeting to order              
at 11:15 a.m.                                                                  
                                                                               
CHAIRMAN KELLY brought SB 319 - ARBITRATION before the committee               
and requested a calendaring motion on the legislation.                         
                                                                               
SENATOR LEMAN moved and asked unanimous consent SB 319 be approved             
for calendaring at the discretion of the Chair.  Hearing no                    
objection, it was so ordered.                                                  
                                                                               
CHAIRMAN KELLY brought SJR 35 - CONST AM: PARTICIPATION IN ABORTION            
before the committee and requested a calendaring motion on the                 
legislation.                                                                   
                                                                               
SENATOR LEMAN moved and asked unanimous consent SJR 35 be approved             
for calendaring at the discretion of the Chair.  SENATOR DUNCAN                
objected.  The roll was taken with the following result:  Senators             
Taylor, Leman, Torgerson and Kelly voted "Yea" and Senator Duncan              
voted "Nay."  CHAIRMAN KELLY stated the calendaring motion carried.            
                                                                               
CHAIRMAN KELLY brought SB 233 - ALCOHOL: BD/REC. SITES/POLICE &                
ARRESTS before the committee and directed attention to a proposed              
Rules committee substitute.                                                    
                                                                               
TIM BENINTENDI, staff to the Senate Rules Committee, outlined  the             
following changes in the  proposed Rules CS:                                   
                                                                               
     - It deletes Sections 1,4 and 6 of the Finance version.                   
                                                                               
     - It also changes the effective date to an immediate effective            
       date.                                                                   
                                                                               
     - The title is amended to reflect the removal of Sections 1,4             
       and 6.                                                                  
                                                                               
Mr. Benintendi pointed out that Section 2 of the legislation                   
defines "golf course" and adds it to the definition of                         
"recreational site."  Also the phrase "means, but is not limited               
to" is being deleted because the word "includes" was added on line             
1, page 2.  He explained the phrase is not needed because there is             
a provision in statute providing that whenever the words "includes"            
or "including" are used, it is inferred that the phrase "but not               
limited to" is included in that definition.                                    
                                                                               
SENATOR LEMAN asked what the practical effect of the legislation               
was.                                                                           
                                                                               
LARRY STEVENS, staff to Senator Bert Sharp, explained that the                 
current law covers the sale of beer and wine before and after                  
special events, and this legislation will allow the sale of beer               
and wine while recreation is occurring.                                        
                                                                               
SENATOR DUNCAN voiced his concern that the phrase "while recreation            
is occurring" expands this beyond when an actual event is                      
occurring.  He believes it opens it up so that beverages could be              
sold  anytime there is recreational activity at a recreational                 
site, not just an actual event.                                                
                                                                               
SENATOR TAYLOR moved adoption of CSSB 233(RLS), version "Q."  There            
being no objection, the Rules CS was adopted.                                  
                                                                               
SENATOR TORGERSON moved CSSB 233(RLS) be approved for calendaring              
at the discretion of the Chair.  Hearing no objection, the motion              
carried.                                                                       
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 11:25 a.m.                                                

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