Legislature(2005 - 2006)

2006-05-03 House Journal

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2006-05-03                     House Journal                      Page 3536
HB 240                                                                                            
The following, which was advanced to third reading from the May 2,                                  
2006, calendar (page 3494), was read the third time:                                                

2006-05-03                     House Journal                      Page 3537
                                                                                                    
     CS FOR HOUSE BILL NO. 240(RLS)                                                                 
     "An Act relating to brewery and brewpub licensing and to free                                  
     samples of beer and wine provided by beverage dispensary                                       
     licensees, wholesale licensees, and wholesale malt beverage and                                
     wine licensees."                                                                               
                                                                                                    
Representative LeDoux moved and asked unanimous consent that                                        
CSHB 240(RLS) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives LeDoux and                                           
McGuire:                                                                                            
                                                                                                    
Page 1, line 1, following "licensing" (title amendment):                                          
 Delete "and"                                                                                     
 Insert "; relating to sales of wine by a winery licensee; and                                    
relating"                                                                                         
                                                                                                    
                                                                                                    
Page 4, following line 17:                                                                          
 Insert a new bill section to read:                                                                 
   "* Sec. 7. AS 04.11.140(b) is amended to read:                                                 
      (b)  The holder of a winery license may sell wine in quantities                               
     of                                                                                             
       (1)  less than five gallons                                                                  
           (A)  to an individual who is present on the licensed                                 
         premises; or                                                                           
           (B)  by shipping to an individual if the shipment is                                 
         not to an area that has prohibited the importation or                                  
         possession of alcoholic beverages under this chapter or to                             
         an area that has limited the importation or possession of                              
         alcoholic beverages unless the sale complies with the                                  
         limitation;                                                                            
       (2)  more than five gallons to a person who is licensed                                      
     under this title, or in another state or country."                                             
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    

2006-05-03                     House Journal                      Page 3538
Representative LeDoux moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Anderson objected and withdrew the objection.  There                                 
being no further objection, Amendment No. 1 was adopted, and the                                    
new title follows:                                                                                  
                                                                                                    
     CS FOR HOUSE BILL NO. 240(RLS) am                                                              
     "An Act relating to brewery and brewpub licensing; relating to                                 
     sales of wine by a winery licensee; and relating to free samples of                            
     beer and wine provided by beverage dispensary licensees,                                       
     wholesale licensees, and wholesale malt beverage and wine                                      
     licensees."                                                                                    
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
CSHB 240(RLS) am be returned to second reading for the specific                                     
purpose of considering Amendment No. 2.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 2 was offered  by Representative McGuire:                                              
                                                                                                    
Page 1, lines 1 - 3 (title amendment):                                                              
 Delete "and to free samples of beer and wine provided by                                         
beverage dispensary licensees, wholesale licensees, and wholesale                                 
malt beverage and wine licensees"                                                                 
                                                                                                    
Page 1, lines 5 - 11:                                                                               
 Delete all material.                                                                               
                                                                                                    
Page 1, line 12:                                                                                    
 Delete "Sec. 2"                                                                                  
 Insert "Section 1"                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, lines 18, through Page 5, line 9:                                                           
 Delete all material.                                                                               
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    

2006-05-03                     House Journal                      Page 3539
Representatives Ramras and Elkins moved and asked unanimous                                         
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 240(RLS) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  29   NAYS:  6   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom,                                    
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Joule, Kapsner, Kerttula, LeDoux, Lynn, McGuire, Meyer, Neuman,                                     
Olson, Ramras, Samuels, Seaton, Stoltze, Weyhrauch, Wilson                                          
                                                                                                    
Nays:  Foster, Holm, Kelly, Kott, Rokeberg, Thomas                                                  
                                                                                                    
Excused:  Salmon                                                                                    
                                                                                                    
Absent:  Chenault, Cissna, Kohring, Moses                                                           
                                                                                                    
And so, Amendment No. 2 was adopted, and the new title follows:                                     
                                                                                                    
     CS FOR HOUSE BILL NO. 240(RLS) am                                                              
     "An Act relating to brewery and brewpub licensing and relating to                              
     sales of wine by a winery licensee."                                                           
                                                                                                    
Representative Croft moved and asked unanimous consent that CSHB
240(RLS) am be returned to second reading for the specific purpose of                               
considering Amendment No. 3.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 6:                                                                                     
 Delete "24"                                                                                        
 Insert "36"                                                                                        
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         

2006-05-03                     House Journal                      Page 3540
Representative Anderson objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 240(RLS) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  19   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Dahlstrom, Gara, Gardner,                                        
Guttenberg, Holm, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire,                                   
Ramras, Samuels, Weyhrauch                                                                          
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Gruenberg,                               
Harris, Hawker, Joule, Kelly, Meyer, Neuman, Olson, Rokeberg,                                       
Seaton, Stoltze, Thomas, Wilson                                                                     
                                                                                                    
Excused:  Salmon                                                                                    
                                                                                                    
Absent:  Cissna, Kohring, Moses                                                                     
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
CSHB 240(RLS) am was automatically in third reading.                                                
                                                                                                    
Representative Rokeberg rose to a point of order.                                                   
                                                                                                    
The Speaker cautioned members to refrain from impugning the                                         
motives of other members.                                                                           
                                                                                                    
The question being:  "Shall CSHB 240(RLS) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 240(RLS) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  8   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Crawford, Croft, Dahlstrom,                                   
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                  
Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Neuman,                                      
Olson, Ramras, Samuels, Seaton, Stoltze, Weyhrauch                                                  
                                                                                                    

2006-05-03                     House Journal                      Page 3541
Nays:  Coghill, Elkins, Foster, Kohring, Meyer, Rokeberg, Thomas,                                   
Wilson                                                                                              
                                                                                                    
Excused:  Salmon                                                                                    
                                                                                                    
Absent:  Cissna, Kelly, Moses                                                                       
                                                                                                    
And so, CSHB 240(RLS) am passed the House.                                                          
                                                                                                    
Representative Rokeberg gave notice of reconsideration of the vote on                               
CSHB 240(RLS) am.