Legislature(2003 - 2004)
2004-04-27 House Journal
Full Journal pdf2004-04-27 House Journal Page 3551 HB 367 The following was read the second time: HOUSE BILL NO. 367 "An Act relating to the licensing and regulation of sex-oriented businesses and sex-oriented business entertainers; relating to protection of the safety and health of and to education of young persons who perform in adult entertainment establishments; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 2DP 3NR 2AM 2506 FN1: (CED) 2507 JUD RPT CS(JUD) NT 3DP 3NR 2804 FN1: (CED) 2805 FN2: ZERO(LWF) 2805 FIN RPT CS(FIN) NT 3DP 6NR 3358 FN2: ZERO(LWF) 3359 FN3: ZERO(DPS) 3359 FN4: (CED) 3359 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 367(FIN) "An Act relating to the licensing and regulation of adult-oriented businesses; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was not offered. Amendment No. 2 was offered by Representatives McGuire and Gara: Page 4, line 8, following "offense": Insert "; (5) employers of adult-oriented business entertainers may not charge an employee or deduct from an employee's wages any fees or charges for anything needed by the employee to perform 2004-04-27 House Journal Page 3552 the job of adult-oriented business entertainer, including the use of the stage, props, and costumes" Representative McGuire moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Amendment to Amendment No. 2 was offered by Representative McGuire: Under (5), following "the stage": Delete all material and insert: "or props" Representative McGuire moved and asked unanimous consent that Amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 2 as amended was adopted. Amendment No. 3 was offered by Representatives McGuire and Gara: Page 4, line 8, following "offense": Insert "; (5) sexual contact between adult-oriented business entertainers and patrons is prohibited; in this paragraph, "sexual contact" means the touching of genitals, anus, or female breast or the intrusion of any object into the genital or anal opening regardless of whether the act was consensual" Page 11, following line 22: Insert a new bill section to read: "* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to read: The definition of "sexual contact" set out in AS 08.90.030(5) conforms to the definition of "sexual contact" as it appears in 13 AAC 104.180(a)(3) adopted by the Department of Revenue, Alcoholic 2004-04-27 House Journal Page 3553 Beverage Control Board, as that paragraph read on the effective date of this Act." Renumber the following bill section accordingly. Representative McGuire moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Croft: Page 10, following line 19: Insert a new section to read: "Sec. 08.90.400. Exemption. An adult-oriented business physically located within a municipality of the state is exempt from the requirements of this chapter if the municipality has adopted an ordinance that requires an adult-oriented business, as described in this chapter, to obtain a license or permit from the municipality to operate as an adult-oriented business in the municipality." Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Harris objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 367(FIN) am Second Reading Amendment No. 4 YEAS: 6 NAYS: 33 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Croft, Dahlstrom, Kohring, Kookesh, Stoltze Nays: Anderson, Chenault, Cissna, Coghill, Crawford, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf 2004-04-27 House Journal Page 3554 Excused: Kapsner And so, Amendment No. 4 was not adopted. Amendment No. 5 was not offered. Representative Coghill moved and asked unanimous consent that CSHB 367(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 367(FIN) am was read the third time. The question being: "Shall CSHB 367(FIN) am pass the House?" The roll was taken with the following result: CSHB 367(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Kohring, Stepovich Excused: Kapsner Absent: Moses And so, CSHB 367(FIN) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 367(FIN) am was referred to the Chief Clerk for engrossment.