Legislature(2023 - 2024)

2024-05-06 House Journal

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2024-05-06                     House Journal                      Page 2699
HB 189                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 189                                                                                                          
    "An Act relating to the sale of alcohol; and providing for an                                                               
    effective date."                                                                                                            
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 L&C RPT CS(L&C) 4DP 1NR                                           1982                                                         
 FN1: (CED)                                                        1982                                                         
                                                                                                                                
Representative Saddler moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 189(L&C)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
Representative Eastman objected and withdrew the objection. There                                                               
being no further objection, CSHB 189(L&C) was adopted.                                                                          
                                                                                                                                
Amendment No. 1 was offered  by Representative Gray:                                                                             
                                                                                                                                
Page 1, line 1, following "alcohol;" (title amendment):                                                                       
    Insert "relating to the posting of warning signs for alcoholic                                                            
beverages;"                                                                                                                   
                                                                                                                                
Page 5, following line 20:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 11. AS 04.21.065(b) is amended to read:                                                                               
         (b)  The warning signs required by (a) of this section must be                                                         
    at least 11 inches by 14 inches, and the lettering must be at least                                                         
    one-half inch high and in contrasting colors. The first sign must                                                           

2024-05-06                     House Journal                      Page 2700
    read, "WARNING: Alcohol use [DRINKING ALCOHOLIC                                                                         
    BEVERAGES SUCH AS BEER, WINE, WINE COOLERS,                                                                                 
    AND DISTILLED SPIRITS OR SMOKING CIGARETTES]                                                                                
    during pregnancy can cause birth defects. Alcohol use can cause                                                         
    cancer, including breast and colon cancers." The second sign                                                            
    must read, "WARNING: A person who provides alcoholic                                                                        
    beverages to a person under 21 years of age, if convicted under                                                             
    AS 04.16.051, could be imprisoned for up to five years and fined                                                            
    up to $50,000." The third sign must read, "WARNING: An                                                                      
    unaccompanied person under 21 years of age who enters these                                                                 
    premises in violation of law may, under AS 04.16.049(e), be                                                                 
    civilly liable for damages of $1,500." The license or permit holder                                                         
    shall display the first and second signs in a manner that would                                                             
    make them conspicuous to a person who will be purchasing or                                                                 
    consuming alcoholic beverages or smoking cigarettes on the                                                                  
    licensed or designated premises and shall conspicuously display                                                             
    the third sign at each door through which customers enter the                                                               
    licensed premises."                                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Gray moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Amendment No. 1 to Amendment No. 1 was not offered.                                                                             
                                                                                                                                
Amendment No. 2 to Amendment No. 1 was offered  by                                                                               
Representative Carpenter:                                                                                                       
                                                                                                                                
Page 1, line 9 of the amendment following "use":                                                                                
 Insert "can lead to unwanted pregnancy and"                                                                                    
                                                                                                                                
Representative Carpenter moved and asked unanimous consent that                                                                 
Amendment No. 2 to Amendment No. 1 be adopted.                                                                                  
                                                                                                                                
Representative Galvin objected.                                                                                                 
                                                                                                                                
                                                                                                                                

2024-05-06                     House Journal                      Page 2701
The question being:  "Shall Amendment No. 2 to Amendment No. 1                                                                  
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                
CSHB 189(L&C)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2 to Amendment No. 1                                                                                              
                                                                                                                                
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Allard, Carpenter, Coulombe, Cronk, Eastman, C.Johnson,                                                                  
D.Johnson, McCabe, McKay, Rauscher, Ruffridge, Saddler, Shaw,                                                                   
Stapp, Tilton, Tomaszewski, Vance                                                                                               
                                                                                                                                
Nays:  Armstrong, Baker, Carrick, Dibert, Edgmon, Fields, Foster,                                                               
Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick,                                                                    
Mears, Mina, Ortiz, Prax, Schrage, Story, Stutes, Sumner, Wright                                                                
                                                                                                                                
And so, Amendment No. 2 to Amendment No. 1 was not adopted.                                                                     
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 189(L&C)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  21   NAYS:  19   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Armstrong, Carrick, Dibert, Edgmon, Fields, Foster, Galvin,                                                              
Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears,                                                                     
Mina, Ortiz, Schrage, Story, Stutes, Sumner, Wright                                                                             
                                                                                                                                
Nays:  Allard, Baker, Carpenter, Coulombe, Cronk, Eastman,                                                                      
C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge,                                                                 
Saddler, Shaw, Stapp, Tilton, Tomaszewski, Vance                                                                                
                                                                                                                                
And so, Amendment No. 1 was adopted and the new title follows:                                                                  
                                                                                                                                
    CS FOR HOUSE BILL NO. 189(L&C) am                                                                                           
    "An Act relating to the sale of alcohol; relating to the posting of                                                         
    warning signs for alcoholic beverages; and providing for an                                                                 
    effective date."                                                                                                            
                                                                                                                                
Amendment No. 2 was offered  by Representative Sumner:                                                                           

2024-05-06                     House Journal                      Page 2702
Page 5, line 22:                                                                                                                
    Delete all material and insert:                                                                                             
"* Sec. 12. This Act takes effect immediately under                                                                           
AS 01.10.070(c)."                                                                                                               
                                                                                                                                
Representative Sumner moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 189(L&C) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  36   NAYS:  2   EXCUSED:  0   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                                      
Himschoot, C.Johnson, Josephson, McCabe, McCormick, McKay,                                                                      
Mears, Mina, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw,                                                                 
Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                
                                                                                                                                
Nays:  Eastman, D.Johnson                                                                                                       
                                                                                                                                
Absent:  Edgmon, Ortiz                                                                                                          
                                                                                                                                
And so, Amendment No. 2 was adopted.                                                                                            
                                                                                                                                
Amendment No. 3 was offered  by Representative Ruffridge:                                                                        
                                                                                                                                
Page 4, line 21, following "and":                                                                                           
    Insert ", other than for a business that offers adult                                                                   
entertainment,"                                                                                                             
                                                                                                                                
Page 5, following line 20:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 11. AS 04.21.080(b) is amended by adding a new paragraph                                                              
to read:                                                                                                                        
             (31)  "business that offers adult entertainment" has the                                                           
    meaning given in AS 23.10.350(f)."                                                                                          

2024-05-06                     House Journal                      Page 2703
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Ruffridge moved and asked unanimous consent that                                                                 
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 189(L&C) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  38   NAYS:  1   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh,                                                             
Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCormick,                                                                  
McKay, Mears, Mina, Prax, Rauscher, Ruffridge, Saddler, Schrage,                                                                
Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance,                                                                 
Wright                                                                                                                          
                                                                                                                                
Nays:  McCabe                                                                                                                   
                                                                                                                                
Absent:  Ortiz                                                                                                                  
                                                                                                                                
And so, Amendment No. 3 was adopted.                                                                                            
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
CSHB 189(L&C) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.                                                                                           
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall CSHB 189(L&C) am be advanced to third                                                               
reading on the same day?" The roll was taken with the following                                                                 
result:                                                                                                                         
                                                                                                                                
CSHB 189(L&C) am                                                                                                                
Second Reading                                                                                                                  
Advance to Third Reading on the Same Day                                                                                        
                                                                                                                                

2024-05-06                     House Journal                      Page 2704
YEAS:  37   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh,                                                                      
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Prax, Rauscher, Ruffridge, Saddler, Schrage,                                                                
Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance,                                                                 
Wright                                                                                                                          
                                                                                                                                
Nays:  Eastman, Hannan                                                                                                          
                                                                                                                                
Absent:  Ortiz                                                                                                                  
                                                                                                                                
And so, the motion passed.                                                                                                      
                                                                                                                                
CSHB 189(L&C) am was read the third time.                                                                                       
                                                                                                                                
The question being:  "Shall CSHB 189(L&C) am pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSHB 189(L&C) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh,                                                                      
Himschoot, C.Johnson, Josephson, McCormick, McKay, Mears, Mina,                                                                 
Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp,                                                                
Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                       
                                                                                                                                
Nays:  Eastman, Hannan, D.Johnson, McCabe                                                                                       
                                                                                                                                
And so, CSHB 189(L&C) am passed the House.                                                                                      
                                                                                                                                
Representative Saddler 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 189(L&C) am was referred to the Chief Clerk for engrossment.