Meetings
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[Matthew Birong (Chair)]: Alright, everyone. Welcome back. We have our 01:30 conversation right now, which is, draft number 26 dash zero five five one, an act relating to alcoholic beverages. We had a few changes after yesterday's conversation. And so we're gonna run through that with council, and then plan is to have a discussion and possibly both. Council.
[Tucker Anderson (Legislative Counsel)]: Good afternoon. Tucker Anderson, legislative council. You should have in front of you draft 2.2 of the committee's omnibus alcoholic beverages bill. Would the committee just like me to cover the two or three small things that have changed since yesterday's test? I'm personally comfortable with that.
[Matthew Birong (Chair)]: I feel like we've we've reviewed the other content
[Tucker Anderson (Legislative Counsel)]: extensively. Alright. So the changes are primarily in section two. Go to page two, you'll see them. This is within seven fifty seven section two twenty four, the fourth class license proposals, and for the most part, it's a bit of cleanup. So, in draft 2.1 that the committee reviewed yesterday, I had neglected to update the number of additional licensed manufacturers in Subdivision C 1 B. So I have done so. If you look at line nine, it strikes five and replaces it with seven additional licensed manufacturers. Part of the discussion yesterday was around the use of the term licensed manufacturers or rectifiers in lieu of Vermont, manufacturers or rectifiers. It was actually something that in the initial walkthrough of the bill that was the basis for this before it was in the omnibus that representative Boyden had flagged in a question to me during the walkthrough about whether there are any commerce clause issues. The answer is actually no, because all of the licensed manufacturers have licensed facilities that are already in state. But in order to alleviate any potential facial discrimination of out of state corporations and actors using the term licensed manufacturer or rectifier consistently throughout this statute is the best way to go. So not only did we replace licensed manufacturer here, but, just based on some discussion and feedback, I also went through and made sure that this entire section is consistent in its use of license to manufacturer or rectifier. And just a weird note about this subsection in general, it's the only place where refers to licensed manufacturers and rectifiers and not fourth class licensees, which is really what we're talking about in the subsection. So maybe only interesting from a drafting perspective. Subdivision C2, there is a change here, which is that in the existing language, this allowed, manufacturers or rectifiers to sell products to five additional manufacturers or rectifiers and to clarify this because it's a separate license from the four class licenses, right? And manufacturers or rectifiers can also get first or third class licenses. So to clarify what this exception to the three tier model is for purposes of this direct sale and distribution, it now states that a licensed manufacturer may sell its product to any fourth class licensee, which is really what this subdivision is talking about.
[Matthew Birong (Chair)]: Any questions through this portion? Stage of the game?
[Tucker Anderson (Legislative Counsel)]: Nope. The last and the easiest to cover is on page four in section five, seven VSA two fifty five subdivision A1 changes from one day to one business day for the notice period related to retail alcoholic beverage tasting permits.
[Matthew Birong (Chair)]: Appreciate the work as always, sir. Thank you all. Yes. Question reference.
[Lucy Boyden (Clerk)]: On page eight of eight, a little confused or maybe it's just a coincidence that they're both section 11. But it says section ten twenty twenty four acts and resolves, and it says section 11 is amended to read, says effective dates, and then it says
[Matthew Birong (Chair)]: I'm sorry, what page are
[Lucy Boyden (Clerk)]: on? Page eight.
[Matthew Birong (Chair)]: Page eight. The very bottom. And
[Lucy Boyden (Clerk)]: then it says section 11 effective dates A, this section nine and ten, is that a duplicate, or are those section 10 effective date have to be, and then in section 11, it's talking about a different section 11?
[Tucker Anderson (Legislative Counsel)]: So I added the reader assistant settings to try to help with this interesting drafting mess, which is that the committee in its amendment is going back in time in sections nine and ten, and you are deleting provisions in a bill that passed two years ago that are subject to a prospective repeal and you're trying to make them last indefinitely. So section 10 of the bill committee goes back in time to amend section 11 of that act from 2024. And when you get to the end of those proposed amendments, there's a reader assistance heading that says effective dates, three asterisks on either side. And that's your indication that we're getting to the actual effective dates of this bill, which also happens to be section 11, quite inconveniently.
[Lucy Boyden (Clerk)]: That's what David was just saying.
[Matthew Birong (Chair)]: A little bit of a loophole.
[Lucy Boyden (Clerk)]: Yeah, like, we have two sexual violence. Okay, that's fine.
[Matthew Birong (Chair)]: As long as it's not gender proof.
[Lucy Boyden (Clerk)]: The safe violence.
[Matthew Birong (Chair)]: Alright, thank you, Council. Thank you all so much. Thank you. That's fun. Thank you so much. Okay. Alright, team. Discussion, feedback, thoughts?
[Lucy Boyden (Clerk)]: I know how long this takes and how complicated it is, so I really appreciate working on this. It's a lot.
[Matthew Birong (Chair)]: And kudos to representative Boyden. She took the brunt of the communication and workload through the process with this. So, thank you. Due to my inability to articulate a portion, I'll
[Tucker Anderson (Legislative Counsel)]: allow somebody else to have the honor on this one.
[Matthew Birong (Chair)]: So moved. No, there's no words. I words. Have
[Lucy Boyden (Clerk)]: that we accept draft 2.2 of Doctor 20 six-five '51.
[Matthew Birong (Chair)]: Second. Motion to be made, to find this favorable. Rep 26Dash0551. Rep 2.2. Sorry.
[Nick (Committee Assistant)]: Representative Boyden. Yes. Representative Coffin. Yes. Representative Hango. Yes. Representative Cooper Randolph. Yes. Representative Cooper Burlington. Yes. Representative Morgan.
[Matthew Birong (Chair)]: Yes.
[Nick (Committee Assistant)]: Representative Nugent? Yes. Representative Pinsonault? Yes. Representative Stone? Representative Waters Evans? Representative Birong? Yes. 09:02.
[Lucy Boyden (Clerk)]: Oh, it's late.
[Matthew Birong (Chair)]: Oh, it's still open. Would you like to vote on the miscellaneous alcohol bill? It's love nothing still open. I
[Lucy Boyden (Clerk)]: more.
[Matthew Birong (Chair)]: Did you mark it yet? I'd definitely mark it, but You can I mean, we should redo it or We'll just start it over? We don't have to make the motion.
[Lucy Boyden (Clerk)]: Howdy. I should call the whole roll over.
[Matthew Birong (Chair)]: Yeah. Okay. Because you already marked up the sheet.
[Lucy Boyden (Clerk)]: Yeah. Make an easy. Okay.
[Nick (Committee Assistant)]: Representative Boyden. Yes. Representative Coffin.
[Matthew Birong (Chair)]: Yes.
[Nick (Committee Assistant)]: Representative Hango. Yes. Representative Hooper Randall? Yes. Representative Hooper of Burlington?
[Matthew Birong (Chair)]: Yes.
[Nick (Committee Assistant)]: Representative Morgan? Yes. Representative Nugent? Yes. Representative Pinsonault? Yes. Representative Stone? Yes. Representative Waters Evans? Yes. Representative Barrackhan? Yes. 1100.
[Matthew Birong (Chair)]: Alright. Good work, team. We're out the door. We will come back at 02:00 for our last order of business for the day, which is H67.
[Lucy Boyden (Clerk)]: I know.
[Matthew Birong (Chair)]: I don't want accountability. It's so appropriate. That's just the last thing we do. It really does
[Nick (Committee Assistant)]: just it
[Matthew Birong (Chair)]: it works within the scope of this, like, last time we're experiencing.
[Lucy Boyden (Clerk)]: Can't wait to tell them that.
[Matthew Birong (Chair)]: Nick, take us off until 2PM, please.