Legislature(1997 - 1998)
1998-04-15 Senate Journal
Full Journal pdf1998-04-15 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.