SENATE RULES COMMITTEE April 9, 1998 11:15 a.m. MEMBERS PRESENT Senator Tim Kelly, Chair Senator Loren Leman, Vice Chair Senator Robin Taylor Senator John Torgerson Senator Jim Duncan MEMBERS ABSENT All members present COMMITTEE CALENDAR SENATE BILL NO. 233 "An Act extending the termination date of the Alcoholic Beverage Control Board." SENATE BILL NO. 319 "An Act relating to arbitration; amending Rules 57(a) and 77(g), Alaska Rules of Civil Procedure; and providing for an effective date." SENATE JOINT RESOLUTION NO. 35 Proposing an amendment to the Constitution of the State of Alaska relating to participation in an abortion. PREVIOUS SENATE COMMITTEE ACTION SB 233 - See Labor and Commerce minutes dated 3/12/98. Finance report 4/6/98. Rules minutes dated 4/7/98. SB 319 - See Labor and Commerce minutes dated 3/10/98 and 3/12/98 and Judiciary minutes dated 4/1/98. SJR 35 - See Judiciary Committee minutes dated 2/16/98. Finance report 4/8/98. WITNESS REGISTER Tim Benintendi, Staff to Senate Rules Committee State Capitol Juneau, AK 99801-1182 Larry Stevens, Staff to Senator Bert Sharp State Capitol Juneau, AK 99801-1182 ACTION NARRATIVE TAPE 98-4 , SIDE A CHAIRMAN KELLY called the Senate Rules Committee meeting to order at 11:15 a.m. CHAIRMAN KELLY brought SB 319 - ARBITRATION before the committee and requested a calendaring motion on the legislation. SENATOR LEMAN moved and asked unanimous consent SB 319 be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. CHAIRMAN KELLY brought SJR 35 - CONST AM: PARTICIPATION IN ABORTION before the committee and requested a calendaring motion on the legislation. SENATOR LEMAN moved and asked unanimous consent SJR 35 be approved for calendaring at the discretion of the Chair. SENATOR DUNCAN objected. The roll was taken with the following result: Senators Taylor, Leman, Torgerson and Kelly voted "Yea" and Senator Duncan voted "Nay." CHAIRMAN KELLY stated the calendaring motion carried. 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. There being no further business to come before the committee, the meeting adjourned at 11:25 a.m.