04/09/1998 11:15 AM Senate RLS

CHAIRMAN KELLY brought SB 233 - ALCOHOL: BD/REC. SITES/POLICE &                
ARRESTS before the committee and directed attention to a proposed              
Rules committee substitute.                                                    
                                                                               
TIM BENINTENDI, staff to the Senate Rules Committee, outlined  the             
following changes in the  proposed Rules CS:                                   
                                                                               
     - It deletes Sections 1,4 and 6 of the Finance version.                   
                                                                               
     - It also changes the effective date to an immediate effective            
       date.                                                                   
                                                                               
     - The title is amended to reflect the removal of Sections 1,4             
       and 6.                                                                  
                                                                               
Mr. Benintendi pointed out that Section 2 of the legislation                   
defines "golf course" and adds it to the definition of                         
"recreational site."  Also the phrase "means, but is not limited               
to" is being deleted because the word "includes" was added on line             
1, page 2.  He explained the phrase is not needed because there is             
a provision in statute providing that whenever the words "includes"            
or "including" are used, it is inferred that the phrase "but not               
limited to" is included in that definition.                                    
                                                                               
SENATOR LEMAN asked what the practical effect of the legislation               
was.                                                                           
                                                                               
LARRY STEVENS, staff to Senator Bert Sharp, explained that the                 
current law covers the sale of beer and wine before and after                  
special events, and this legislation will allow the sale of beer               
and wine while recreation is occurring.                                        
                                                                               
SENATOR DUNCAN voiced his concern that the phrase "while recreation            
is occurring" expands this beyond when an actual event is                      
occurring.  He believes it opens it up so that beverages could be              
sold  anytime there is recreational activity at a recreational                 
site, not just an actual event.                                                
                                                                               
SENATOR TAYLOR moved adoption of CSSB 233(RLS), version "Q."  There            
being no objection, the Rules CS was adopted.                                  
                                                                               
SENATOR TORGERSON moved CSSB 233(RLS) be approved for calendaring              
at the discretion of the Chair.  Hearing no objection, the motion              
carried.