Legislature(1997 - 1998)

1998-04-15 Senate Journal

Full Journal pdf

1998-04-15                     Senate Journal                      Page 3265
SB 233                                                                       
SENATE BILL NO. 233 An Act extending the termination date of                   
the Alcoholic Beverage Control Board was read the second time.                 
                                                                               
Senator Kelly, Chair, moved and asked unanimous consent for the                
adoption of the Rules Committee Substitute offered on page 3261.               
Objections were heard.                                                         
                                                                               
The question being: Shall the Rules Committee Substitute be                    
adopted? The roll was taken with the following result:                         
                                                                               
SB 233                                                                         
Second Reading                                                                 
Adopt Rules Committee Substitute?                                              
                                                                               
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Green, Kelly, Mackie, Miller, Phillips, Sharp, Wilken                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Halford, Hoffman, Leman,                  
Lincoln, Parnell, Pearce, Torgerson, Ward                                      
                                                                               
Excused:  Taylor                                                               
                                                                               
and so, the motion failed.                                                     
                                                                               
Senator Sharp, Cochair, moved and asked unanimous consent for the              
adoption of the Finance Committee Substitute offered on page 3155.             
Objections were heard.                                                         
                                                                               
The question being: Shall the Finance Committee Substitute be                  
adopted? The roll was taken with the following result:                         
                                                                               
                                                                               

1998-04-15                     Senate Journal                      Page 3266
SB 233                                                                       
                                                                               
SB 233                                                                         
Second Reading                                                                 
Adopt Finance Committee Substitute?                                            
                                                                               
YEAS:  10   NAYS:  9   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Miller, Parnell, Pearce, Phillips, Sharp,                
Torgerson, Ward, Wilken                                                        
                                                                               
Nays:  Adams, Duncan, Ellis, Halford, Hoffman, Kelly, Leman,                   
Lincoln, Mackie                                                                
                                                                               
Excused:  Taylor                                                               
                                                                               
and so, CS FOR SENATE BILL NO. 233(FIN) An Act relating to                     
membership on the Alcoholic Beverage Control Board; extending the              
termination date of the Alcoholic Beverage Control Board; relating             
to sales of beer and wine on a golf course or at a recreational site;          
relating to notice of alcohol-related arrests; and providing for an            
effective date was adopted, and read the second time.                          
                                                                               
Senator Donley offered Amendment No. 1 :                                        
                                                                               
Page 1, line 1, following "Act":                                             
	Insert "relating to peace officer powers of employees of                     
the Alcoholic Beverage Control Board;"                                        
                                                                               
Page 2, following line 5:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 2.  AS04.06.110 is amended to read:                               
	Sec. 04.06.110.  Peace officer powers.  The director                       
and the persons employed for the administration and                            
enforcement of this title may, with the concurrence of the                     
commissioner of public safety, exercise the powers of peace                    
officers when those powers are specifically granted by the                     
board.  Powers granted by the board under this section may                     
be exercised only when necessary for the enforcement of the                    
criminally punishable provisions of this title, regulations of                 
the  board,  and  other  criminally   punishable   laws  and                   
                                                                               

1998-04-15                     Senate Journal                      Page 3267
SB 233                                                                       
regulations ªGOVERNING THE MANUFACTURE,                                       
BARTER, SALE, CONSUMPTION, AND POSSESSION OF                                   
ALCOHOLIC BEVERAGES IN THE STATEß."                                            
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Donley moved for the adoption of Amendment No. 1.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 1 be adopted? The roll                 
was taken with the following result:                                           
                                                                               
CSSB 233(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  3   NAYS:  16   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Leman                                                    
                                                                               
Nays:  Adams, Duncan, Ellis, Halford, Hoffman, Kelly, Lincoln,                 
Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward,             
Wilken                                                                         
                                                                               
Excused:  Taylor                                                               
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Amendments No. 2 through 4 were not offered.                                   
                                                                               
Senator Donley offered Amendment No. 5 :                                        
                                                                               
Page 1, line 1, following "Act":                                             
	Insert "relating to protests concerning the issuance,                        
renewal, relocation, or transfer of liquor licenses;"                         
                                                                               
Page 2, following line 3:                                                      
	Insert a new bill section to read:                                            
                                                                               
                                                                               

1998-04-15                     Senate Journal                      Page 3268
SB 233                                                                       
   "* Sec. 3.  AS04.11.480(a) is amended to read:                            
	(a)  A local governing body may protest the                                  
issuance, renewal, relocation, or transfer to another person of                
a license by sending the board and the applicant a protest                     
and the reasons for the protest within 60 days of receipt                      
from the board of notice of filing of the application.  A                    
local advisory council, including a community council,                         
established by a local governing body for an area that                         
includes, or an area with a boundary that is within one-                       
half mile of, the location of the proposed licensed                            
premises may protest the proposed action by sending a                          
notice of the protest to the local governing body and to                       
the board.  After a local advisory council has protested                       
the proposed action, the board shall deny the application                      
or continued operation unless the board approves the                           
proposed action by the affirmative vote of two-thirds of                       
the members of the board.  A protest received after the                      
60-day period may not be accepted by the board, and in no                      
event may a protest cause the board to reconsider an                           
approved renewal, relocation, or transfer.  The local                          
governing body may protest the continued operation of a                        
license during the second year of the biennial license period                  
by sending the board and the licensee a protest and the                        
reasons for the protest by January 31 of the second year of                    
the license.  The procedures for action on a protest of                        
continued operation of a license are the same as the                           
procedures for action on a protest of a renewal application.                   
The board shall consider a protest and testimony received at                   
a hearing conducted under AS04.11.510(b)(2) or (4) when                        
it considers the application or continued operation, and the                   
protest and the record of the hearing conducted under                          
AS04.11.510(b)(2) or (4) shall be kept as part of the                          
boards permanent record of its review.  If an application or                   
continued operation is protested, the board shall deny the                     
application or continued operation unless the board finds by                 
an affirmative vote of two-thirds of the members of the                        
board that the protest is arbitrary, capricious, and                         
unreasonable."                                                                 
                                                                               

1998-04-15                     Senate Journal                      Page 3269
SB 233                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
Senator Donley moved for the adoption of Amendment No. 5.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 5 be adopted? The roll                 
was taken with the following result:                                           
                                                                               
CSSB 233(FIN)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Leman, Miller, Ward                                      
                                                                               
Nays:  Adams, Duncan, Green, Halford, Hoffman, Kelly, Lincoln,                 
Mackie, Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken                    
                                                                               
Excused:  Taylor                                                               
                                                                               
and so, Amendment No. 5 failed.                                                
                                                                               
Senator Halford offered Amendment No. 6 :                                       
                                                                               
Page 1, line 1, following "Act":                                             
	Insert "relating to peace officer powers of employees of                     
the Alcoholic Beverage Control Board;"                                        
                                                                               
Page 2, following line 5:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 2.  AS04.06.110 is amended to read:                               
	Sec. 04.06.110.  Peace officer powers.  The director                       
and the persons employed for the administration and                            
enforcement of this title may, with the concurrence of the                     
commissioner of public safety, exercise the powers of peace                    
officers when those powers are specifically granted by the                     
board.  Powers granted by the board under this section may                     
be exercised only when necessary for the enforcement of the                    
                                                                               
                                                                               

1998-04-15                     Senate Journal                      Page 3270
SB 233                                                                       
criminally punishable provisions of this title, regulations of                
the board, and other criminally punishable laws and                            
regulations governing the manufacture, barter, sale,                           
consumption, and possession of alcoholic beverages in the                      
state or prohibiting prostitution or gambling."                            
                                                                               
Senator Halford moved for the adoption of Amendment No. 6.                     
Without objection, Amendment No. 6 was adopted.                                
                                                                               
Senators Sharp and Donley offered Amendment No. 7 :                             
                                                                               
Page 2, line 15,                                                               
	reinsert between includes and a:                                              
	but is not limited to                                                         
                                                                               
Senator Sharp moved for the adoption of Amendment No. 7. Senator               
Duncan objected, then withdrew his objection. There being no further           
objections, Amendment No. 7 was adopted.                                       
                                                                               
Senator Leman, Acting Majority Leader, 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. 233(FIN) am was read the third time.                    
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 233(FIN)                      
am An Act relating to peace officer powers of employees of the                 
Alcoholic Beverage Control Board; relating to membership on the                
Alcoholic Beverage Control Board; extending the termination date of            
the Alcoholic Beverage Control Board; relating to sales of beer and            
wine on a golf course or at a recreational site; relating to notice of         
alcohol-related arrests; and providing for an effective date pass the          
Senate? The roll was taken with the following result:                          
                                                                               
                                                                               

1998-04-15                     Senate Journal                      Page 3271
SB 233                                                                       
                                                                               
CSSB 233(FIN) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Mackie, Miller, Parnell,                 
Phillips, Sharp, Torgerson, Ward, Wilken                                       
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Leman, Lincoln, Pearce                   
                                                                               
Excused:  Taylor                                                               
                                                                               
and so, CS FOR SENATE BILL NO. 233(FIN) am passed the                          
Senate.                                                                        
                                                                               
Senator Leman, Acting Majority Leader, moved the effective date                
clause.                                                                        
                                                                               
The question being: Shall the effective date clause be adopted?                
The roll was taken with the following result:                                  
                                                                               
CSSB 233(FIN) am                                                               
Effective Date Clause                                                          
                                                                               
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly,                  
Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp,              
Torgerson, Ward, Wilken                                                        
                                                                               
Nays:  Adams                                                                   
                                                                               
Excused:  Taylor                                                               
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
Senator Adams gave notice of reconsideration.