Legislature(2017 - 2018)
2018-05-12 House Journal
Full Journal pdf2018-05-12 House Journal Page 3707 SB 63 The following was read the second time: CS FOR SENATE BILL NO. 63(FIN) "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date." with the: Journal Page CRA RPT HCS(CRA) 3DP 3NR 1AM 1262 FN2: ZERO(DEC) 1262 FN3: ZERO(DHS) 1262 FN4: ZERO(DPS) 1262 FN5: ZERO(CED) 1262 FN6: ZERO(DOT) 1262 JUD RPT HCS(JUD) 4DP 1NR 2AM 2253 FN7: ZERO(CED) 2254 FN8: ZERO(DEC) 2254 FN9: ZERO(DHS) 2254 FN10: ZERO(DPS) 2254 FN11: ZERO(DOT) 2254 RLS RPT HCS(RLS) NT 1DP 1DNP 2NR 2AM 3159 FN7: ZERO(CED) 3160 FN8: ZERO(DEC) 3160 FN9: ZERO(DHS) 3160 FN10: ZERO(DPS) 3160 FN11: ZERO(DOT) 3160 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 63(RLS) "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; relating to municipal regulation of smoking in certain places; relating to established 2018-05-12 House Journal Page 3708 villages and local option elections to allow smoking in public places; and providing for an effective date." (HCR 29 - title change resolution) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Josephson and Pruitt: Page 13, line 3: Delete all material. Renumber the following paragraphs accordingly. Page 13, lines 15 - 16: Delete "or the use of marijuana" Representative Josephson moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 63(RLS) Second Reading Amendment No. 1 YEAS: 35 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kito, Knopp, Kopp, Kreiss-Tomkins, Lincoln, Millett, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky Nays: Eastman, Kawasaki, LeDoux, Neuman Absent: Rauscher And so, Amendment No. 1 was adopted. 2018-05-12 House Journal Page 3709 Amendment No. 2 was offered by Representative Grenn: Page 1, line 10, following "tobacco": Insert ", e-cigarettes, or other oral smoking devices" Page 1, line 12: Delete ""enclosed area"" Insert ""e-cigarette," "enclosed area,"" Page 3, line 23: Delete "smoke" Insert "e-cigarette vapor or aerosol" Page 3, line 24: Delete "and" Page 3, line 27, following "facility;": Insert "and (iv) smoking is limited to the use of an e- cigarette;" Page 4, lines 16 - 21: Delete all material and insert: "(g) Notwithstanding (a) and (b) of this section, an individual may smoke at (1) a private club if the private club (A) has been in continuous operation at the same location since January 1, 2017; (B) is not licensed to serve alcoholic beverages; and (C) is not a place of employment; (2) an e-cigarette store if the e-cigarette store has been in continuous operation at the same location since January 1, 2017." Page 5, line 16, following "tobacco": Insert "or e-cigarette store" Page 5, line 18, following "cigarettes,": Insert "e-cigarettes," 2018-05-12 House Journal Page 3710 Page 5, line 19, following "smoking": Insert "or e-cigarette" Page 5, line 22, following "cigarettes,": Insert "e-cigarettes," Page 5, line 23, following "smoking": Insert "or e-cigarette" Page 5, line 25, following "tobacco": Insert "or e-cigarette" Page 13, line 13, following "means": Insert "using an e-cigarette or other oral smoking device or" Page 13, line 15: Delete "using an e-cigarette or other oral smoking device or" Representative Grenn moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Wilson objected. Representative Tuck placed a call of the House and lifted the call. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 63(RLS) am H Second Reading Amendment No. 2 YEAS: 29 NAYS: 10 EXCUSED: 0 ABSENT: 1 Yeas: Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kito, Kopp, Kreiss-Tomkins, Lincoln, Millett, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tuck, Wool, Zulkosky Nays: Chenault, Eastman, Kawasaki, Knopp, LeDoux, Neuman, Sullivan-Leonard, Thompson, Tilton, Wilson 2018-05-12 House Journal Page 3711 Absent: Rauscher And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Guttenberg: Page 4, line 31: Delete "that is freestanding" Page 5, line 1, following the first occurrence of "the": Insert "(A)" Page 5, line 2, following "AS 17.38.080": Insert "; (B) employees of the establishment are not required as a condition of employment to enter an area where smoking is occurring; and (C) establishment is (i) freestanding; or (ii) attached to another business or building, and smoke and odor from the establishment cannot travel into the attached business" Representative Guttenberg moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Josephson objected. Representative Tuck moved and asked unanimous consent that Representative Rauscher be excused until 4:45 p.m., today. There being no objection, it was so ordered. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 63(RLS) am H Second Reading Amendment No. 3 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 2018-05-12 House Journal Page 3712 Yeas: Chenault, Drummond, Eastman, Foster, Gara, Guttenberg, Kawasaki, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Parish, Saddler, Seaton, Tarr, Tilton, Wilson, Wool Nays: Birch, Claman, Edgmon, Grenn, Johnson, Johnston, Josephson, Kito, Knopp, Kopp, Millett, Neuman, Pruitt, Reinbold, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Thompson, Tuck, Zulkosky Excused: Rauscher And so, Amendment No. 3 was not adopted. Representative Tuck moved and asked unanimous consent that HCS CSSB 63(RLS) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 63(RLS) am H was read the third time. Representative Wool moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and he was required to vote. The question being: "Shall HCS CSSB 63(RLS) am H pass the House?" The roll was taken with the following result: HCS CSSB 63(RLS) am H Third Reading Final Passage YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, Lincoln, Millett, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tuck, Wool, Zulkosky Nays: Eastman, LeDoux, Neuman, Sullivan-Leonard, Thompson, Tilton, Wilson Excused: Rauscher And so, HCS CSSB 63(RLS) am H passed the House. 2018-05-12 House Journal Page 3713 Representative Tuck moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 63(RLS) am H was referred to the Chief Clerk for engrossment.