Legislature(2017 - 2018)

2018-05-12 House Journal

Full Journal pdf

2018-05-12                     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.