Legislature(2021 - 2022)
2022-05-15 House Journal
Full Journal pdf2022-05-15 House Journal Page 2918 SB 9 The following was before the House in second reading: HOUSE CS FOR CS FOR SENATE BILL NO. 9(FIN) "An Act relating to alcoholic beverages; relating to the regulation of manufacturers, wholesalers, and retailers of alcoholic beverages; relating to licenses, endorsements, and permits involving alcoholic beverages; relating to common carrier approval to transport or deliver alcoholic beverages; relating to the Alcoholic Beverage Control Board; relating to offenses involving alcoholic beverages; amending Rule 17(h), Alaska Rules of Minor Offense Procedure; and providing for an effective date." 2022-05-15 House Journal Page 2919 Amendment No. 2 was offered by Representative Kurka: Page 71, line 25: Delete "1,500" Insert "300 [1,500]" Representative Kurka moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Spohnholz objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 9(FIN) Second Reading Amendment No. 2 YEAS: 3 NAYS: 34 EXCUSED: 0 ABSENT: 3 Yeas: Eastman, Kurka, Prax Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Absent: McCarty, Nelson, Shaw And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Kurka: Page 71, line 25: Delete "1,500" Insert "750 [1,500]" Representative Kurka moved and asked unanimous consent that Amendment No. 3 be adopted. There was objection. 2022-05-15 House Journal Page 2920 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 9(FIN) Second Reading Amendment No. 3 YEAS: 5 NAYS: 32 EXCUSED: 0 ABSENT: 3 Yeas: Eastman, Gillham, Kurka, McKay, Prax Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, Merrick, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Absent: McCarty, Nelson, Shaw And so, Amendment No. 3 was not adopted. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Kreiss-Tomkins: Page 71, line 27: Delete "9,000" Insert "4,500" Page 72, line 12: Delete "9,000" Insert "4,500" Page 72, line 28: Delete "9,000" Insert "4,500" Representative Kreiss-Tomkins moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Spohnholz objected. 2022-05-15 House Journal Page 2921 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 9(FIN) Second Reading Amendment No. 5 YEAS: 15 NAYS: 22 EXCUSED: 0 ABSENT: 3 Yeas: Drummond, Eastman, Edgmon, Gillham, Hannan, Hopkins, Kreiss-Tomkins, Kurka, Schrage, Snyder, Story, Stutes, Tarr, Vance, Zulkosky Nays: Carpenter, Claman, Cronk, Fields, Foster, Johnson, Josephson, Kaufman, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Spohnholz, Thompson, Tilton, Tuck, Wool Absent: McCarty, Nelson, Shaw And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Kreiss-Tomkins : Page 73, following line 6: Insert a new bill section to read: "* Sec. 51. AS 04.11.400(a), as amended by sec. 50 of this Act, is amended to read: (a) Except as provided in (f), (i), and (k) of this section and AS 04.11.405, a new license may not be issued and the board may prohibit relocation of an existing license (1) outside an established village, incorporated city, unified municipality, or organized borough if, after the issuance or relocation, in a radius of five miles of the licensed premises, excluding the populations of established villages, incorporated cities, unified municipalities, and organized boroughs that are wholly or partly included within the radius, there would be (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population; (B) more than one brewery retail, one winery retail, and one distillery retail license for each 4,500 [9,000] population or fraction of that population; or (C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or 2022-05-15 House Journal Page 2922 fraction of that population; (2) inside an established village, incorporated city, or unified municipality if, after the issuance or relocation, there would be inside the established village, incorporated city, or unified municipality (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population; (B) more than one brewery retail, one winery retail, and one distillery retail license for each 4,500 [9,000] population or fraction of that population; or (C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or fraction of that population; (3) inside an organized borough but outside an established village or incorporated city located within the borough if, after the issuance or relocation, there would be inside the borough, but outside the established villages and incorporated cities located within the borough, excluding the population of those established villages that have adopted a local option under AS 04.11.491(b)(1) or (3), and excluding the population of incorporated cities located within the organized borough; (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population; (B) more than one brewery retail, one winery retail, and one distillery retail license for each 4,500 [9,000] population or fraction of that population; or (C) more than one license of each other type, except a type listed in (i) of this section, for each 3,000 population or fraction of that population." Renumber the following bill sections accordingly. Page 75, line 27: Delete "sec. 53" Insert "sec. 54" Page 76, line 2: Delete "sec. 53" Insert "sec. 54" 2022-05-15 House Journal Page 2923 Page 120, lines 20 - 21: Delete "84 - 87, 89 - 134, 139 - 142, 144, and 152 - 154" Insert "85 - 88, 90 - 135, 140 - 143, 145, and 153 - 155" Page 120, line 24: Delete "sec. 127" Insert "sec. 128" Page 120, line 25: Delete "sec. 128" Insert "sec. 129" Delete "sec. 133" Insert "sec. 134" Page 120, line 30: Delete "sec. 175" Insert "sec. 177" Page 121, line 2: Delete "74, and 168" Insert "75, and 169" Page 121, line 5: Delete "74, and 168" Insert "75, and 169" Page 121, line 6: Delete "74, and 168" Insert "75, and 169" Page 121, line 14: Delete "sec. 164" Insert "sec. 165" Page 121, line 20: Delete "sec. 164" Insert "sec. 165" Page 121, line 26: Delete "sec. 163" Insert "sec. 164" 2022-05-15 House Journal Page 2924 Page 121, line 30: Delete "sec. 163" Insert "sec. 164" Page 122, line 3: Delete "sec. 163" Insert "sec. 164" Page 122, line 6: Delete "sec. 163" Insert "sec. 164" Page 122, line 9: Delete "sec. 163" Insert "sec. 164" Page 122, line 12: Delete "sec. 163" Insert "sec. 164" Page 122, line 15: Delete "sec. 163" Insert "sec. 164" Page 122, line 19: Delete "sec. 163" Insert "sec. 164" Page 122, line 25: Delete "sec. 163" Insert "sec. 164" Page 122, line 29: Delete "sec. 163" Insert "sec. 164" Page 123, line 4: Delete "sec. 163" Insert "sec. 164" 2022-05-15 House Journal Page 2925 Page 123, line 6: Delete "sec. 163" Insert "sec. 164" Page 123, line 10: Delete "sec. 163" Insert "sec. 164" Page 123, line 16: Delete "sec. 163" Insert "sec. 164" Page 123, line 18: Delete "sec. 163" Insert "sec. 164" Page 123, line 22: Delete "sec. 163" Insert "sec. 164" Page 123, line 28: Delete "sec. 163" Insert "sec. 164" Page 125, line 21: Delete "Sections 168(a) and 169" Insert "Sections 169(a) and 170" Page 125, line 24: Delete "sec. 108" Insert "sec. 109" Page 125, lines 24 - 25: Delete "sec. 162" Insert "sec. 163" Page 125, line 25: Delete "sec. 162" Insert "sec. 163" 2022-05-15 House Journal Page 2926 Page 125, line 27: Delete "53, 58, 164, 168(a), 168(d)(8), 169, and 170" Insert "54, 59, 165, 169(a), 169(d)(8), 170, and 171" Page 125, line 29: Delete "Section 167" Insert "Section 168" Page 125, following line 29: Insert a new bill section to read: "* Sec. 176. Section 51 of this Act takes effect January 1, 2030." Renumber the following bill section accordingly. Page 125, line 30: Delete "secs. 173 and 174" Insert "secs. 174 - 176" Representative Kreiss-Tomkins moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Wool objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HCS CSSB 9(FIN) Second Reading Amendment No. 6 YEAS: 20 NAYS: 17 EXCUSED: 0 ABSENT: 3 Yeas: Drummond, Eastman, Edgmon, Foster, Gillham, Hannan, Hopkins, Kreiss-Tomkins, Kurka, Merrick, Ortiz, Patkotak, Prax, Schrage, Snyder, Spohnholz, Story, Tarr, Vance, Zulkosky Nays: Carpenter, Claman, Cronk, Fields, Johnson, Josephson, Kaufman, LeBon, McCabe, McKay, Rasmussen, Rauscher, Stutes, Thompson, Tilton, Tuck, Wool Absent: McCarty, Nelson, Shaw 2022-05-15 House Journal Page 2927 And so, Amendment No. 6 was adopted. Representative Tuck moved and asked unanimous consent that HCS CSSB 9(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 9(FIN) am H was read the third time. The question being: "Shall HCS CSSB 9(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 9(FIN) am H Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 0 ABSENT: 3 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman, Kurka Absent: McCarty, Nelson, Shaw And so, HCS CSSB 9(FIN) am H passed the House. Representative Tuck 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 was objection. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 9(FIN) am H Third Reading Effective Date 2022-05-15 House Journal Page 2928 YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Absent: Fields, McCarty, Nelson, Schrage, Shaw And so, the effective date clause was adopted. Representative Tuck moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There was objection. The question being: "Shall the court rule change be adopted?" The roll was taken with the following result: HCS CSSB 9(FIN) am H Third Reading Court Rule(s) YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McKay, Merrick, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Absent: Fields, McCarty, Nelson, Shaw And so, the court rule change was adopted. HCS CSSB 9(FIN) am H was referred to the Chief Clerk for engrossment.