Legislature(1995 - 1996)
1995-04-18 Senate Journal
Full Journal pdf1995-04-18 Senate Journal Page 1059 SB 87 SENATE BILL NO. 87 "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 read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 977. Without objection, CS FOR SENATE BILL NO. 87(FIN) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting 1995-04-18 Senate Journal Page 1060 SB 87 persons from being on premises involving alcoholic beverages under certain circumstances; 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 and read the second time. Senator Donley offered Amendment No. 1 : Page 1, line 6, after "courses;": Insert "relating to taxes on alcoholic beverage sales;" Page 31, lines 13 - 14: Delete "if sales taxes are imposed on other sales within the municipality" Insert "[IF SALES TAXES ARE IMPOSED ON OTHER SALES WITHIN THE MUNICIPALITY]" Senator Donley moved for the adoption of Amendment No. 1. Senator Miller objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 87(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Leman, Lincoln, Miller, Phillips, Rieger, Zharoff Nays: Adams, Hoffman, Kelly, Pearce, Sharp, Taylor, Torgerson Excused: Salo and so, Amendment No. 1 was adopted. Senator Donley offered Amendment No. 2 : Page 5, line 26, through page 6, line 23: Delete all material. 1995-04-18 Senate Journal Page 1061 SB 87 Renumber the following bill sections accordingly. Page 36, line 31, through page 37, line 2: Delete all material. Renumber the following bill sections accordingly. Page 37, line 19: Delete "sec. 81" Insert "sec. 78" Page 37, line 30: Delete "Section 76" Insert "Section 73" Page 37, line 31: Delete "sec. 34" Insert "sec. 32" Page 38, line 1: Delete "secs. 76 and 80" Insert "secs. 73 and 77" Senator Donley moved for the adoption of Amendment No. 2. Senator Halford objected. Senate Donley moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Donley offered Amendment No. 3 : Page 1, line 6, after "courses;": Insert "relating to regulations limiting the hours during which a licensee may offer live entertainment;" Page 2, after line 19: Insert a new bill section to read: "*Sec. 3. AS 04.06.100 is amended by adding a new subsection to read: 1995-04-18 Senate Journal Page 1062 SB 87 (c) The board may not adopt a regulation that discriminates between classifications of licensees as to hours during which a licensee may offer live entertainment." Renumber the following bill sections accordingly. Page 36, after line 12: Insert a new bill section to read: "* Sec. 72. 15 AAC 104.305(a)(3) is annulled." Renumber the following bill sections accordingly. Page 37, line 1: Delete "sec. 11" Insert "sec. 12" Page 37, line 19: Delete "sec. 81" Insert "sec. 83" Page 37, line 30: Delete "Section 76" Insert "Section 78" Page 37, line 31: Delete "sec. 34" Insert "sec. 35" Page 38, line 1: Delete "secs. 76 and 80" Insert "secs. 78 and 82" Senator Donley moved for the adoption of Amendment No. 3. Senator Kelly objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1995-04-18 Senate Journal Page 1063 SB 87 CSSB 87(FIN) am Second Reading Amendment No. 3 YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Lincoln, Pearce, Rieger, Zharoff Nays: Frank, Green, Kelly, Leman, Miller, Phillips, Sharp, Taylor, Torgerson Excused: Salo Hoffman changed from "Nay" to "Yea". and so, Amendment No. 3 was adopted. Senator Donley moved and asked unanimous consent that the Senate rescind its previous action in withdrawing Amendment No. 2. Without objection, it was so ordered. Senator Donley moved for the adoption of Amendment No. 2 (page 1060). Senator Taylor objected. Senator Pearce called the Senate. The call was satisfied. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 87(FIN) am Second Reading Amendment No. 2 YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Hoffman, Pearce, Phillips, Rieger, Zharoff Nays: Green, Halford, Kelly, Leman, Lincoln, Miller, Sharp, Taylor, Torgerson Excused: Salo 1995-04-18 Senate Journal Page 1064 SB 87 and so, Amendment No. 2 was adopted. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 87(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 87(FIN) am "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; relating to taxes on alcoholic beverages; relating to regulations limiting the hours during which a licensee may offer live entertainment; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 87(FIN) am Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Hoffman, Kelly, Leman, Lincoln, Miller, Phillips, Rieger, Torgerson Nays: Duncan, Green, Halford, Pearce, Sharp, Taylor, Zharoff Excused: Salo and so, CS FOR SENATE BILL NO. 87(FIN) am passed the Senate. Senator Halford moved the effective date clause. The question being "Shall the effective date clause be adopted?" The roll was taken with the following result: 1995-04-18 Senate Journal Page 1065 SB 87 CSSB 87(FIN) am Effective Date Vote YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Excused: Salo and so, the effective date clause was adopted. Senator Pearce gave notice of reconsideration.