Legislature(2021 - 2022)SENATE FINANCE 532

02/03/2022 01:00 PM Senate FINANCE

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01:04:17 PM Start
01:05:33 PM SB9
01:37:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 9 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Moved CSSB 9(FIN) Out of Committee
SENATE BILL NO. 9                                                                                                             
                                                                                                                                
     "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."                                                                           
                                                                                                                                
1:05:33 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman MOVED to ADOPT the committee substitute                                                                        
for SB 9, Work Draft 32-LS0124\G (Dunmire, 1/28/22).                                                                            
                                                                                                                                
Co-Chair Bishop OBJECTED for discussion.                                                                                        
                                                                                                                                
1:06:02 PM                                                                                                                    
                                                                                                                                
ERIN SHINE, STAFF, SENATOR CLICK BISHOP, discussed the                                                                          
Explanation of Changes (copy on file):                                                                                          
                                                                                                                                
     Section 13                                                                                                                 
     Page 30, line 22  Page 32, line 20                                                                                         
     Amends 04.09.370 from a  winery direct shipment license                                                                    
     to  a   manufacturer  direct  shipment   license.  Sets                                                                    
     shipping  limit  by  liters  or  ounces  for  distilled                                                                    
     spirits,   wine,   and   brewed  beverages   per   each                                                                    
     transaction and per calendar year.                                                                                         
     Conforming  changes  are  found   in  Sections  26  (AS                                                                    
     04.11.260), 28  (AS 04.11.270),  33 (AS  04.11.310), 40                                                                    
     (AS 04.11.330),  51 (AS 04.11.400), 62  (AS 04.11.460),                                                                    
     90 (AS 04.16.022), and 140 (AS 04.21.025)                                                                                  
                                                                                                                                
     Section 68                                                                                                                 
     Page 79, lines 26-27                                                                                                       
     Amends AS  04.11.491(a) by adding a  new subsection (H)                                                                    
     to allow, through a local  option vote for local option                                                                    
     communities  in municipalities,  for  a packaged  store                                                                    
     license limited to selling beer and wine only.                                                                             
                                                                                                                                
     Section 69                                                                                                                 
     Page 80, lines 23-24                                                                                                       
     Amends AS  04.11.491(b) by adding a  new subsection (H)                                                                    
     to allow, through a local  option vote for local option                                                                    
     communities  in established  villages,  for a  packaged                                                                    
     store license limited to selling beer and wine only.                                                                       
                                                                                                                                
     Section 159                                                                                                                
     Page 117, lines 16-18                                                                                                      
     Amends AS  43.30.060 from a winery  direct shipment tax                                                                    
     to  a manufacturer  direct shipment  tax to  conform to                                                                    
     changes in Section 13.                                                                                                     
                                                                                                                                
     Section 167                                                                                                                
     Page 119, lines 16 & 22                                                                                                    
     Changes   the  transition   implementation  date   from                                                                    
     January 1, 2023 to January 1, 2024                                                                                         
                                                                                                                                
     Section 17                                                                                                                 
     Page 124, lines 5                                                                                                          
     Changes  the effective  dates for  Sections 168(a)  and                                                                    
     169 from January 1, 2023 to January 1, 2024                                                                                
                                                                                                                                
     Section 173                                                                                                                
     Page 124, line 8                                                                                                           
     Changes  the  effective  date   for  Section  167  from                                                                    
     September 1, 2022 to September 1, 2023                                                                                     
                                                                                                                                
     Section 174                                                                                                                
     Page 124, line 10                                                                                                          
     Changes the effective date for  the Act from January 1,                                                                    
     2023 to January 1, 2024.                                                                                                   
                                                                                                                                
1:09:24 PM                                                                                                                    
                                                                                                                                
Senator Olson looked at Sections 68 and 69. He queried the                                                                      
impact on the "local option use" for some of the villages                                                                       
that had "voted themselves dry."                                                                                                
                                                                                                                                
Ms. Shine  replied that  if a  village had  voted themselves                                                                    
dry,  there would  be no  change, but  agreed to  check with                                                                    
Legislative Legal.  She believed  that it would  provide one                                                                    
more option for a local option.                                                                                                 
                                                                                                                                
Senator Olson asked for further explanation from the bill                                                                       
sponsor.                                                                                                                        
                                                                                                                                
1:10:43 PM                                                                                                                    
                                                                                                                                
SENATOR PETER  MICCICHE, SPONSOR,  stated that it  would not                                                                    
allow for alcohol distribution for  dry communities that had                                                                    
not voted  to allow  the distribution  of sales.  Rather, it                                                                    
only allowed for  the option, if the  community decided that                                                                    
the distribution of alcohol would be legal.                                                                                     
                                                                                                                                
Senator Olson noted the issue  of bootlegging in some of the                                                                    
villages. He wondered how the  new sections would affect the                                                                    
unlawful distribution of alcoholic beverages.                                                                                   
                                                                                                                                
Senator  Micciche  replied  that  replied that  one  of  the                                                                    
primary focuses  of public safety  and those in  recovery in                                                                    
the  bill, was  the tracking  and flow  of alcohol  in rural                                                                    
Alaska.  He  stressed that  new  provisions  may provide  an                                                                    
opportunity  for a  clearer picture  of the  distribution of                                                                    
alcohol.                                                                                                                        
                                                                                                                                
Co-Chair  Bishop  WITHDREW  the OBJECTION.  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Senator Olson  MOVED to  ADOPT Amendment  1, Work  Draft 32-                                                                    
LS0124\G (Dunmire, 1/28/22) (copy on file).                                                                                     
                                                                                                                                
Co-Chair Bishop OBJECTED for discussion.                                                                                        
                                                                                                                                
Senator  Olson explained  Amendment  1. He  stated that  the                                                                    
amendment deleted portions of the  bill that would allow for                                                                    
"more than  one brewery retail,  one winery retail,  and one                                                                    
distillery  retail license  for  each  12,000 population  or                                                                    
fraction of  that population." He  remarked that  there were                                                                    
no communities  in his district  that had 12,000  people. He                                                                    
did not like  "monopolies", and felt that there  would be an                                                                    
allowance for monopolies with the provision.                                                                                    
                                                                                                                                
1:16:27 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  asked for more detail  about the reference                                                                    
in the bill.                                                                                                                    
                                                                                                                                
KONRAD  JACKSON, STAFF,  SENATOR PETER  MICCICHE, introduced                                                                    
himself.                                                                                                                        
                                                                                                                                
Senator  Micciche explained  that  there  were some  alcohol                                                                    
distributors who were against the  bill, but also noted that                                                                    
many were in support of the  bill. He felt that there was an                                                                    
unfair   amount  of   pressure   from  traditional   alcohol                                                                    
industries that  wanted to "put  the clamps"  onto breweries                                                                    
and   tasting  rooms.   He  shared   that  there   had  been                                                                    
conversations about  how to allow competition  for different                                                                    
breweries and tasting rooms to allow for expansion.                                                                             
                                                                                                                                
1:21:40 PM                                                                                                                    
                                                                                                                                
Senator Micciche  continued to say that  the provision would                                                                    
allow for fair competition, and  felt that it was counter to                                                                    
what it seems to be outlining.                                                                                                  
                                                                                                                                
1:25:31 PM                                                                                                                    
                                                                                                                                
Senator  Olson  wondered  why the  free  market  should  not                                                                    
decide the issue.                                                                                                               
                                                                                                                                
Senator  Micciche   replied  that   there  were   issues  of                                                                    
overconsumption and  distribution, he  would be in  favor of                                                                    
eliminating licensing  caps. He explained that  it would not                                                                    
happen,   because  alcohol   is  not   the  same   as  other                                                                    
industries.                                                                                                                     
                                                                                                                                
Co-Chair  Stedman asked  for the  definition  of a  "tasting                                                                    
room."                                                                                                                          
                                                                                                                                
Senator Micciche  replied that  "tasting rooms"  referred to                                                                    
breweries, wineries, and distilleries.                                                                                          
                                                                                                                                
1:31:02 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  surmised that  tasting rooms  only allowed                                                                    
for  a small  group  of  people to  have  only three  drinks                                                                    
maximum.                                                                                                                        
                                                                                                                                
Senator Micciche replied  that there was not  always a small                                                                    
group,  because  they  were   competing  directly  with  the                                                                    
alcohol industry.                                                                                                               
                                                                                                                                
1:32:29 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:33:16 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Senator Olson WITHDREW Amendment 1.                                                                                             
                                                                                                                                
Senator Wielechowski addressed the fiscal notes.                                                                                
                                                                                                                                
1:36:19 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:36:37 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair   Stedman  MOVED   to  REPORT   CSSB  9(FIN)   with                                                                    
individual recommendations and  attached fiscal notes. There                                                                    
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
CSSB  9(FIN) was  REPORTED  out of  committee  with two  "do                                                                    
pass" recommendations; two  "amend" recommendations; and one                                                                    
"no recommendation"; and with a  new fiscal impact note from                                                                    
the Alaska  Judicial System; a  new fiscal impact  note from                                                                    
the   Department  of   Commerce,   Community  and   Economic                                                                    
Development;  a  new  indeterminate  fiscal  note  from  the                                                                    
Department  of Revenue;  a  new zero  fiscal  note from  the                                                                    
Department of Commerce,  Community and Economic Development;                                                                    
and a  new zero  fiscal note from  the Department  of Health                                                                    
and Social Services.                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SB 9 Explanation of Changes ver. I to G 01.27.2022.pdf SFIN 2/3/2022 1:00:00 PM
SB 9
SB 9 S FIN Work Draft ver. G 01.27.2022.pdf SFIN 2/3/2022 1:00:00 PM
SB 9
SB 9 Amendment 1 Olson.pdf SFIN 2/3/2022 1:00:00 PM
SB 9
SB 9 Testimony State Fair.pdf SFIN 2/3/2022 1:00:00 PM
SB 9