Legislature(1993 - 1994)
1994-05-07 Senate Journal
Full Journal pdf1994-05-07 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 Senator Taylor moved and asked unanimous consent that his motion to advance the bill be withdrawn.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.