Legislature(2015 - 2016)

2016-04-17 Senate Journal

Full Journal pdf

2016-04-17                     Senate Journal                      Page 2639
HB 289                                                                                                                        
HOUSE BILL NO. 289 "An Act relating to the membership of the                                                                    
Board of Barbers and Hairdressers" which had been moved to the                                                                  
bottom of the calendar (page 2620), was before the Senate in second                                                             
reading.                                                                                                                        
                                                                                                                                

2016-04-17                     Senate Journal                      Page 2640
Senator MacKinnon, Cochair, moved and asked unanimous consent                                                                   
for the adoption of the Finance Senate Committee Substitute offered                                                             
on page 2591. Senator Gardner objected, then withdrew her objection.                                                            
Senator Costello objected.                                                                                                      
                                                                                                                                
The question being: "Shall the Finance Senate Committee Substitute                                                              
be Adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
HB 289                                                                                                                          
Second Reading                                                                                                                  
Adopt Finance Senate Committee Substitute?                                                                                      
                                                                                                                                
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Dunleavy, Egan, Ellis, Gardner, Giessel,                                                                
Hoffman, Huggins, Kelly, MacKinnon, Meyer, Micciche, Olson,                                                                     
Stedman, Stevens, Stoltze, Wielechowski                                                                                         
                                                                                                                                
Nays:  Costello, McGuire                                                                                                        
                                                                                                                                
and so, SENATE CS FOR HOUSE BILL NO. 289(FIN) "An Act                                                                           
relating to the membership of the Board of Barbers and Hairdressers;                                                            
and relating to the practice of optometry" was adopted.                                                                         
                                                                                                                                
Senator Ellis offered Amendment No. 1 :                                                                                          
                                                                                                                                
Page 1, line 1:                                                                                                                 
     Delete "and"                                                                                                             
                                                                                                                                
Page 1, line 2, following "optometry":                                                                                        
     Insert "; prohibiting smoking in certain places; relating to                                                             
education on the smoking prohibition; and providing for an                                                                    
effective date"                                                                                                               
                                                                                                                                
Page 1, following line 3:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. The uncodified law of the State of Alaska is amended                                                            
by adding a new section to read:                                                                                                
     LEGISLATIVE INTENT. It is the intent of the legislature that                                                               
nothing in this Act is intended to alter applicable law relating to                                                             
liability of a manufacturer, dispenser, or other person for a cause of                                                          
action that may arise from smoking tobacco, e-cigarettes, or other oral                                                         

2016-04-17                     Senate Journal                      Page 2641
smoking devices in an enclosed area or to otherwise limit the state                                                             
immunity from liability provided for in state law. In this section, "e-                                                         
cigarette," "enclosed area," and "smoking" have the meanings given to                                                           
those terms in AS 18.35.399."                                                                                                   
                                                                                                                                
Page 1, line 4:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, following line 23:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 9. AS 18.35 is amended by adding new sections to read:                                                                
            Article 4. Prohibition of Smoking in Certain Places.                                                              
          Sec. 18.35.301. Prohibition of smoking. (a) Smoking is                                                              
     prohibited in an enclosed area in a public place, including an                                                             
     enclosed area                                                                                                              
              (1)  at an entertainment venue or a sports arena;                                                                
              (2)  on a bus, in a taxicab, on a ferry, or in another vehicle                                                    
     used for public transportation;                                                                                            
              (3)  at a public transit depot, bus shelter, airport terminal,                                                    
     or other public transportation facility;                                                                                   
              (4)  at a retail store or shopping center;                                                                        
              (5)  at a place of government or public assembly located                                                          
     on property that is owned or operated by the state, a municipality,                                                        
     or a regional educational attendance area, or by an agent of the                                                           
      state, a municipality, or a regional educational attendance area.                                                        
          (b)  Smoking is prohibited in an enclosed area                                                                        
              (1)  at an office building, office, hotel, motel, restaurant,                                                     
     bar, retail store, or common area in an apartment building or                                                              
     multiple-family dwelling;                                                                                                  
              (2)  in a place of employment;                                                                                    
              (3)  in a building or residence that is used to provide paid                                                      
     child care, whether or not children are present in the building or                                                         
     residence;                                                                                                                 
              (4)  at a health care facility;                                                                                   
               (5)  in a vehicle that is a place of employment;                                                                
              (6)  at a public or private educational facility;                                                                
              (7)  in a building or residence that is the site of a business                                                    
     at which the care of adults is provided on a fee-for-service basis;                                                       

2016-04-17                     Senate Journal                      Page 2642
              (8)  at a residence in a health care facility, hotel, or motel;                                                   
              (9)  on a vessel operating as a shore-based fisheries                                                             
     business under AS 43.75.                                                                                                   
          (c)  Smoking is prohibited outdoors                                                                                   
              (1)  at an area located at a public or private school or a                                                        
     state or municipal park that is designated as a place for children to                                                      
     play;                                                                                                                      
              (2)  in a seating area for an outdoor arena, stadium, or                                                          
     amphitheater;                                                                                                              
              (3)  at a place of employment or health care facility that                                                        
     has declared the entire campus or outside grounds or property to                                                           
     be smoke-free;                                                                                                             
              (4)  within                                                                                                       
                   (A)  10 feet of an entrance to a bar or restaurant that                                                      
          serves alcoholic beverages;                                                                                           
                   (B)  20 feet of an entrance, open window, or heating                                                         
          or ventilation system air intake vent at an enclosed area at a                                                        
           place where smoking is prohibited under this section; or                                                            
                   (C)  a reasonable distance of an entrance, open                                                              
          window, or heating or ventilation system air intake vent on a                                                         
          vessel covered by this section as determined by the vessel                                                            
          owner or operator in charge.                                                                                          
          (d)  Notwithstanding (a) of this section, unless the owner or                                                         
     operator prohibits it, smoking is allowed at a retail tobacco or e-                                                        
     cigarette store.                                                                                                           
          (e)  Notwithstanding (a) and (i)(1)(D) of this section, unless a                                                      
     municipality or the owner or operator prohibits it, smoking of e-                                                          
     cigarettes is allowed in a retail tobacco or e-cigarette store that is                                                     
     located in a building that is attached to another business or                                                              
     residence if the retail store                                                                                              
              (1)  does not sell cigarettes, cigars, tobacco, products                                                          
        containing tobacco, and pipes and tobacco smoking accessories;                                                         
              (2)  provides proof sufficient to the department that the                                                         
     retail store was in business at that location on or before June 1,                                                         
     2016; and                                                                                                                  
              (3)  has not changed ownership or location since June 1,                                                          
     2016.                                                                                                                      
          (f)  Notwithstanding (a) and (b) of this section, smoking may                                                         
     be permitted in a separate enclosed smoking area located in a                                                              
     terminal for international passengers who are in transit in a state-                                                       

2016-04-17                     Senate Journal                      Page 2643
     owned and state-operated international airport and who are                                                                 
     restricted by federal law from leaving the airport, if the smoking                                                         
     area is vented directly to an outdoor area that is not an area where                                                       
     smoking is prohibited under (c) of this section.                                                                           
          (g)  Notwithstanding (b) of this section, unless the owner or                                                         
     operator prohibits it, smoking is allowed                                                                                  
              (1)  in a vehicle that is a place of employment when the                                                          
     vehicle is used exclusively by one person;                                                                                 
              (2)  on a vessel when the vessel is engaged in commercial                                                         
     fishing or sport charter fishing or is otherwise used as a place of                                                        
     employment.                                                                                                                
          (h)  Nothing in this section prohibits smoking                                                                        
              (1)  at a private residence, except a private residence                                                           
     described in (b) of this section;                                                                                          
              (2)  in a stand-alone shelter if the stand-alone shelter                                                          
     meets the following requirements:                                                                                          
                   (A)  food or drink may not be sold in the stand-alone                                                        
          shelter;                                                                                                              
                   (B)  at least 50 percent of one side of the shelter is                                                       
          completely open to the outside; and                                                                                   
                   (C)  the stand-alone shelter meets the minimum                                                               
          distance requirements of (c) of this section; or                                                                      
              (3)  in an establishment licensed under AS 17.38 that is a                                                        
     freestanding building.                                                                                                     
         (i)  In this section, "retail tobacco or e-cigarette store"                                                           
              (1)  means a retail store                                                                                         
                   (A)  that sells primarily cigarettes, e-cigarettes,                                                          
          cigars, tobacco and products containing tobacco, and pipes                                                            
          and other smoking or e-cigarette accessories;                                                                         
                   (B)  in which the sale of other products is incidental;                                                      
                   (C)  that derives at least 90 percent of its gross                                                           
          revenue from the sale of cigarettes, e-cigarettes, cigars,                                                            
          tobacco and products containing tobacco, and pipes and other                                                          
          smoking or e-cigarette accessories; and                                                                               
                   (D)  that is a freestanding building not attached to                                                         
          another business or to a residence;                                                                                   
              (2)  does not include                                                                                             
                   (A)  a tobacco or e-cigarette department or section of                                                       
          a business that does not meet the criteria in (1) of this                                                             
          subsection;                                                                                                           

2016-04-17                     Senate Journal                      Page 2644
                   (B)  a business that is also a restaurant or grocery                                                         
          store;                                                                                                                
                   (C)  a business that is licensed under AS 04.11 to                                                           
          serve alcoholic beverages at an outdoor location;                                                                     
                   (D)  a business that is licensed under AS 05.15 to sell                                                      
          pull-tabs;                                                                                                            
                   (E)  a business that is licensed under AS 43.70.075 to                                                       
          sell tobacco but that does not meet the requirements of this                                                          
          subsection; or                                                                                                        
                   (F)  a retail store that is within an indoor public place                                                    
          or workplace.                                                                                                         
          Sec. 18.35.306. Notice of prohibition. (a) A person who is in                                                       
     charge of a place or vehicle where smoking is prohibited under                                                             
     AS 18.35.301 shall conspicuously display in the place or vehicle a                                                         
     sign that                                                                                                                  
              (1)  reads  "Smoking  Prohibited  by  Law--Fine  $50";                                                            
              (2)  includes  the  international symbol for no smoking; or                                                       
              (3)  includes  the  words  "No  Puffin"  with  a  pictorial                                                       
     representation of a Horned Puffin or Tufted Puffin holding a                                                               
      burning cigarette enclosed in a red circle crossed with a red bar.                                                       
          (b)  A person in charge of a building at which smoking is                                                             
     prohibited within a specific distance from the entrance of the                                                             
     building under AS 18.35.301(c)(4) shall conspicuously display a                                                            
     sign that reads "Smoking within (number of feet) Feet of Entrance                                                          
     Prohibited by Law--Fine $50" visible from the outside of each                                                              
     entrance to the building.                                                                                                  
          (c)  The department shall furnish signs required under this                                                           
     section to a person who requests them with the intention of                                                                
     displaying them.                                                                                                           
          Sec. 18.35.311. Duty of employers and building managers.                                                            
     (a)An employer may not permit an employee, customer, or other                                                              
     person to smoke inside an enclosed area at a place of employment.                                                          
          (b)  The owner, operator, manager, or other person who                                                                
     manages a building or other place where smoking is prohibited                                                              
     under AS 18.35.301 may not provide ashtrays or other smoking                                                               
     accessories for use in that building or place.                                                                             
          Sec. 18.35.316. Powers and duties of the commissioner. (a)                                                          
     The commissioner                                                                                                           
              (1)  shall administer and enforce the requirements of                                                             
     AS 18.35.301 - 18.35.399;                                                                                                  

2016-04-17                     Senate Journal                      Page 2645
              (2)  may adopt regulations under AS 44.62                                                                         
     (Administrative Procedure Act) necessary to carry out the duties                                                           
     under this section.                                                                                                        
          (b)  In addition to other powers granted the commissioner                                                             
     under AS 18.35.301 - 18.35.399, the commissioner may delegate                                                              
     to another agency the authority to implement and enforce one or                                                            
     more provisions of AS 18.35.301 - 18.35.399.                                                                               
          Sec. 18.35.321. Public education. (a) The commissioner shall                                                      
     ensure that employers, property owners, property operators, and                                                            
     other members of the public are provided ongoing access to                                                                 
              (1)  a program of education regarding the requirements in                                                         
     AS 18.35.301 - 18.35.399;                                                                                                  
              (2)  an electronically published printable brochure that                                                          
     summarizes the requirements in AS 18.35.301 - 18.35.399.                                                                   
          (b)  The commissioner shall consult with the Department of                                                            
     Health and Social Services                                                                                                 
              (1)  to achieve compliance by employers, property                                                                 
     owners, property operators, and other members of the public with                                                           
     the requirements of AS 18.35.301 - 18.35.399;                                                                              
              (2)  to provide the program of education as required under                                                        
     (a) of this section; the program of education may be provided in                                                           
     combination with the comprehensive smoking education, tobacco                                                              
     use prevention, and tobacco control program established in                                                                 
     AS 44.29.020(a)(14).                                                                                                       
          Sec. 18.35.326. Nonretaliation. (a) An employer may not                                                             
     discharge or in any other manner retaliate against an employee                                                             
     because the employee cooperates with or initiates enforcement of                                                           
     a requirement in AS 18.35.301 - 18.35.399.                                                                                 
          (b)  The owner or operator of a vehicle or other place that is                                                        
     subject to a requirement in AS 18.35.301 - 18.35.399 may not                                                               
     retaliate against a customer or other member of the public for                                                             
     cooperating with or initiating enforcement of a requirement in                                                             
     AS 18.35.301 - 18.35.399.                                                                                                  
          Sec. 18.35.331. Conflicts with local requirements. Nothing                                                          
     in AS 18.35.301 - 18.35.399 prohibits a municipality from                                                                  
     adopting an ordinance imposing                                                                                             
              (1)  additional limitations on smoking; or                                                                        
              (2)  additional duties on employers, owners, operators,                                                           
     and other persons who are subject to the requirements of                                                                   
     AS 18.35.306 or 18.35.311 related to smoking.                                                                              

2016-04-17                     Senate Journal                      Page 2646
   * Sec. 10. AS 18.35.340(a) is amended to read:                                                                             
          (a)  The commissioner shall develop and maintain a procedure                                                          
     for processing reports of violations of AS 18.35.301, 18.35.306,                                                       
     18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, AND                                                                 
     18.35.330].                                                                                                                
   * Sec. 11. AS 18.35.340(b) is amended to read:                                                                             
          (b)  If, after investigating a report made under this section, the                                                    
     commissioner determines that a violation has occurred, (1) the                                                             
     commissioner may file a civil complaint in the district court to                                                           
     enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300                                                       
     - 18.35.365]; or (2) an employee of the department designated by                                                           
     the commissioner to enforce the provisions of AS 18.35.301 -                                                           
     18.35.399 [AS 18.35.300 - 18.35.365] may issue a citation under                                                        
     AS 18.35.341(b). If an employee of the department issues a                                                                 
     citation, the violation shall be processed and disposed of under                                                           
     AS 18.35.341.                                                                                                              
   * Sec. 12. AS 18.35.340(c) is amended to read:                                                                             
          (c)  A person who violates AS 18.35.301, 18.35.311, or                                                            
     18.35.326 [AS 18.35.300 OR 18.35.305] and against whom the                                                             
     commissioner has filed a civil complaint under this section is                                                             
     punishable by a civil fine of [NOT LESS THAN $10 NOR MORE                                                                  
     THAN] $50. A person who violates AS 18.35.306 [AS 18.35.330]                                                           
     and against whom the commissioner has filed a civil complaint                                                              
     under this section is punishable by a civil fine of not less than $50                                                  
     [$20] nor more than $300. Each day a violation of AS 18.35.306                                                         
     [AS 18.35.330] continues after a civil complaint for the violation                                                         
     has been filed and served on the defendant constitutes a separate                                                          
     violation.                                                                                                                 
   * Sec. 13. AS 18.35.341(a) is amended to read:                                                                             
          (a)  A peace officer may issue a citation for a violation of                                                          
     AS 18.35.301, 18.35.311, or 18.35.326 [AS 18.35.300 OR                                                                 
     18.35.305] committed in the officer's presence or for a violation of                                                       
     AS 18.35.306 [AS 18.35.330]. The provisions of AS 12.25.175 -                                                          
     12.25.230 apply to the issuance of a citation under this subsection.                                                       
   * Sec. 14. AS 18.35.341(b) is amended to read:                                                                             
          (b)  An employee of the department designated by the                                                                  
     commissioner to enforce the provisions of AS 18.35.301 -                                                               
     18.35.399 [AS 18.35.300 - 18.35.365] may issue a citation for a                                                        
     violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326                                                          
     [AS 18.35.300, 18.35.305, OR 18.35.330] regardless of whether                                                              

2016-04-17                     Senate Journal                      Page 2647
     the violation was committed in the employee's presence. A                                                                  
     citation issued under this subsection shall be in the same form and                                                        
     shall be processed in the same manner as a citation issued by a                                                            
     peace officer under (a) of this section. An employee of the                                                                
     department may not arrest a person for a violation of                                                                      
     AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300,                                                        
     18.35.305, OR 18.35.330].                                                                                                  
   * Sec. 15. AS 18.35.341(c) is amended to read:                                                                             
          (c)  A person who violates AS 18.35.301, 18.35.306,                                                               
     18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, OR                                                                   
     18.35.330] is guilty of a violation as defined in AS 11.81.900(b)                                                          
     and upon conviction is punishable by a fine of [NOT LESS                                                                   
     THAN $10 NOR MORE THAN] $50 for a violation of                                                                             
     AS 18.35.301, 18.35.311, or 18.35.326 [AS 18.35.300 OR                                                                 
     18.35.305] and by a fine of not less than $50 [$20] nor more than                                                      
     $300 for a violation of AS 18.35.306 [AS 18.35.330]. Each day a                                                        
     violation of AS 18.35.306 [AS 18.35.330] continues after a                                                             
     citation for the violation has been issued constitutes a separate                                                          
     violation.                                                                                                                 
   * Sec. 16. AS 18.35.341(d) is amended to read:                                                                             
          (d)  The supreme court shall establish a schedule of bail                                                             
     amounts for violations of AS 18.35.301, 18.35.306, 18.35.311,                                                          
     and 18.35.326 [AS 18.35.300, 18.35.305, AND 18.35.330], but in                                                         
     no event may the bail amount exceed the maximum fine that may                                                              
     be imposed for the violation under (c) of this section. The bail                                                           
     amount for a violation must appear on the citation.                                                                        
   * Sec. 17. AS 18.35.342 is amended to read:                                                                                
          Sec. 18.35.342. Multiple fines prohibited. A person may not                                                         
     be fined more than once for each violation of AS 18.35.301,                                                            
     18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, OR                                                        
     18.35.330].                                                                                                                
   * Sec. 18. AS 18.35.343 is amended to read:                                                                                
          Sec. 18.35.343. Injunctions. The commissioner or any                                                                
     affected party may institute an action in the superior court to                                                            
     enjoin repeated violations of AS 18.35.301, 18.35.306, 18.35.311,                                                      
     or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330].                                                                  
   * Sec. 19. AS 18.35.350 is amended to read:                                                                                
          Sec. 18.35.350. Enforcement authority. The commissioner                                                             
     or the commissioner's designee is responsible for enforcing the                                                            
     provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 -                                                                 

2016-04-17                     Senate Journal                      Page 2648
     18.35.365]. This section does not limit the authority of peace                                                             
     officers.                                                                                                                  
   * Sec. 20. AS 18.35 is amended by adding a new section to read:                                                            
          Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399,                                                           
              (1)  "business" means a for-profit or nonprofit sole                                                              
     proprietorship, partnership, joint venture, corporation,                                                                   
     professional corporation, private club, retail seller of goods or                                                          
     services, or other business entity;                                                                                        
              (2)  "commissioner" means the commissioner of                                                                     
     environmental conservation or the commissioner's designee;                                                                 
              (3)  "department" means the Department of                                                                         
     Environmental Conservation;                                                                                                
              (4)  "e-cigarette" means any product containing or                                                                
     delivering nicotine or any other substance intended for human                                                              
     consumption that can be used by a person through inhalation of                                                             
     vapor or aerosol from the product, of any size or shape, whether                                                           
     the product is manufactured, distributed, marketed, or sold as an e-                                                       
     cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product                                                       
     name or descriptor; "e-cigarette" does not include drugs, devices,                                                         
     or combination products authorized for sale by the United States                                                           
     Food and Drug Administration as those terms are defined in 21                                                              
     U.S.C. 301 - 392 (Food, Drug, and Cosmetic Act), unless the use                                                            
     of those products simulate smoking or expose others to vapor or                                                            
     aerosol;                                                                                                                   
              (5)  "employee" means a person who is employed by a                                                               
     business for compensation or works for a business as a volunteer                                                           
     without compensation;                                                                                                      
              (6)  "employer" means the state, a municipality, a                                                                
     regional educational attendance area, and a person or a business                                                           
     with one or more employees;                                                                                                
              (7)  "enclosed area" means space between a floor and a                                                            
     ceiling that is bounded on two or more sides by a combination of                                                           
     walls, doorways, windows, or other physical barriers that may be                                                           
     open, partially open, closed, retractable, temporary, or permanent;                                                        
              (8)  "health care facility" means an office or institution                                                        
     providing care or treatment for physical, mental, emotional, or                                                            
     other medical, dental, physiological, or psychological diseases or                                                         
     conditions; private, municipal, or state hospital; independent                                                             
     diagnostic testing facility; primary care outpatient facility; skilled                                                     
     nursing facility; kidney disease treatment center, including                                                               

2016-04-17                     Senate Journal                      Page 2649
     freestanding hemodialysis units; intermediate care facility;                                                               
     ambulatory surgical facility; Alaska Pioneers' Home or Alaska                                                              
     Veterans' Home administered by the Department of Health and                                                                
     Social Services under AS 47.55; long-term care facility;                                                                   
     psychiatric hospital; residential psychiatric treatment center, as                                                         
     defined in AS 18.07.111 or AS 47.32.900, and other facilities,                                                             
     places of employment, or offices operated for use by doctors,                                                              
     nurses, surgeons, chiropractors, physical therapists, physicians,                                                          
     psychiatrists, or dentists or other professional health care                                                               
     providers to provide health care;                                                                                          
              (9)  "place of employment" means work areas, private                                                              
     offices, hotel and motel rooms, employee lounges, restrooms,                                                               
     conference rooms, classrooms, cafeterias, hallways, vehicles, and                                                          
     other employee work areas that are under the control of an                                                                 
     employer;                                                                                                                  
              (10)  "public place" includes                                                                                     
                   (A)  an area to which the public is invited or into                                                          
          which the public is admitted;                                                                                         
                   (B)  a place where services, goods, or facilities are                                                        
          offered to the public;                                                                                                
              (11)  "smoking" means using an e-cigarette or other oral                                                          
     smoking device or inhaling, exhaling, burning, or carrying a                                                               
     lighted or heated cigar, cigarette, pipe, or tobacco or plant product                                                      
     intended for inhalation.                                                                                                   
   * Sec. 21. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320,                                                                  
18.35.330, 18.35.355, and 18.35.365 are repealed.                                                                               
   * Sec. 22. AS 18.35.301(e) is repealed June 2, 2019.                                                                       
   * Sec. 23. The uncodified law of the State of Alaska is amended by                                                         
adding a new section to read:                                                                                                   
     APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311,                                                                         
18.35.316, 18.35.321, 18.35.326, and 18.35.331, added by sec. 9 of                                                              
this Act, AS 18.35.340(a) - (c), as amended by secs. 10 - 12 of this                                                            
Act, AS 18.35.341(a) - (d), as amended by secs. 13 - 16 of this Act,                                                            
AS 18.35.342, as amended by sec. 17 of this Act, AS 18.35.343, as                                                               
amended by sec. 18 of this Act, AS 18.35.350, as amended by sec. 19                                                             
of this Act, and AS 18.35.399, added by sec. 20 of this Act, apply to                                                           
violations or failures to comply that occur on or after the effective date                                                      
of secs. 9 - 20 of this Act."                                                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2016-04-17                     Senate Journal                      Page 2650
Page 3, line 27:                                                                                                                
     Delete "sec. 1"                                                                                                            
     Insert "sec. 2"                                                                                                            
                                                                                                                                
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     Delete "sec. 1"                                                                                                            
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     Insert new bill sections to read:                                                                                          
"* Sec. 25. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     TRANSITION; REGULATIONS. The Department of                                                                                 
Environmental Conservation may adopt regulations necessary to                                                                   
implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321,                                                             
18.35.326, and 18.35.331, added by sec. 9 of this Act,                                                                          
AS 18.35.340(a) - (c), as amended by secs. 10 - 12 of this Act,                                                                 
AS 18.35.341(a) - (d), as amended by secs. 13 - 16 of this Act,                                                                 
AS 18.35.342, as amended by sec. 17 of this Act, AS 18.35.343, as                                                               
amended by sec. 18 of this Act, AS 18.35.350, as amended by sec. 19                                                             
of this Act, and AS 18.35.399, added by sec. 20 of this Act. The                                                                
regulations take effect under AS 44.62 (Administrative Procedure                                                                
Act), but not before the effective date of the section being                                                                    
implemented.                                                                                                                    

2016-04-17                     Senate Journal                      Page 2651
   * Sec. 26. Section 25 of this Act takes effect immediately under                                                           
AS 01.10.070(c).                                                                                                                
   * Sec. 27. Sections 1 and 9 - 23 of this Act take effect October 1,                                                        
2016."                                                                                                                          
                                                                                                                                
Senator Ellis moved for the adoption of Amendment No. 1. Objections                                                             
were heard.                                                                                                                     
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS HB 289(FIN)                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Costello, Egan, Ellis, Gardner, Giessel, Hoffman,                                                                
MacKinnon, McGuire, Meyer, Micciche, Olson, Stevens,                                                                            
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Coghill, Dunleavy, Huggins, Kelly, Stedman, Stoltze                                                                      
                                                                                                                                
and so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the bill be                                                              
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR HOUSE BILL NO. 289(FIN) am S was read the                                                                         
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR HOUSE BILL                                                                             
NO. 289(FIN) am S "An Act relating to the membership of the Board                                                               
of Barbers and Hairdressers; relating to the practice of optometry;                                                             
prohibiting smoking in certain places; relating to education on the                                                             
smoking prohibition; and providing for an effective date" pass the                                                              
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
SCS HB 289(FIN) am S                                                                                                            
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                

2016-04-17                     Senate Journal                      Page 2652
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Costello, Egan, Ellis, Gardner, Giessel, Hoffman,                                                                
MacKinnon, McGuire, Meyer, Micciche, Olson, Stedman, Stevens,                                                                   
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Coghill, Dunleavy, Huggins, Kelly, Stoltze                                                                               
                                                                                                                                
and so, SENATE CS FOR HOUSE BILL NO. 289(FIN) am S passed                                                                       
the Senate.                                                                                                                     
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the vote on                                                              
the passage of the bill be considered the vote on the effective date                                                            
clauses. Without objection, it was so ordered.                                                                                  
                                                                                                                                
In accordance with Uniform Rules 43, engrossment was waived on                                                                  
SENATE CS FOR HOUSE BILL NO. 289(FIN) am S and the bill was                                                                     
returned to the House for consideration with a certified amendment.