Legislature(2017 - 2018)BUTROVICH 205

04/10/2018 05:00 PM RULES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change --
+ SB 14 TRANSPORTATION NETWORK COMPANIES TELECONFERENCED
Moved HCS CSSB 14(RLS) Out of Committee
+= SB 63 REGULATION OF SMOKING TELECONFERENCED
Moved HCS CSSB 63(RLS) Out of Committee
**Streamed live on AKL.tv**
                  SB  63-REGULATION OF SMOKING                                                                              
                                                                                                                                
5:27:45 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that the  final order of business would be                                                               
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."   [Before the                                                               
committee was HCS CSSB 63(JUD).]                                                                                                
                                                                                                                                
5:28:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN   moved  to   adopt  the   proposed  House                                                               
committee  substitute (HCS)  for  CSSB  63, Version  30-LS0024\L,                                                               
Martin, 4/9/18, as a working document.                                                                                          
                                                                                                                                
REPRESENTATIVE KITO objected.                                                                                                   
                                                                                                                                
5:28:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KITO  stated   concern  about   the  "opt   out"                                                               
provision,  the  removal  of vaping  and  e-cigarettes,  and  the                                                               
removal  of marijuana  regulation.   He  said  these issues  were                                                               
discussed in  other committees, agreements  were made,  and there                                                               
was enough support for "the bill  as it sits on the House floor."                                                               
He  stated he  does not  appreciate the  changes under  Version L                                                               
being proposed at this late date.                                                                                               
                                                                                                                                
5:29:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD echoed Representative Kito's comments.                                                                  
                                                                                                                                
5:29:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT spoke  about committee  process, and  he                                                               
stated that while  he may not agree with the  proposed version of                                                               
the bill, there  is nothing wrong with the process  that was used                                                               
to create it.                                                                                                                   
                                                                                                                                
5:30:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said, "I  lost count  awhile back  of how                                                               
many constituents  were asking for  some of these  exact changes,                                                               
so, I'm glad that we're discussing them tonight."                                                                               
                                                                                                                                
5:30:28 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Eastman, Claman,                                                               
Stutes,  Chenault, and  LeDoux voted  in favor  of the  motion to                                                               
adopt the proposed HCS for  CSSB 63, Version 30-LS0024\L, Martin,                                                               
4/9/18,  as a  working  document.   Representatives Reinbold  and                                                               
Kito voted  against it.  Therefore,  by a vote of  5-2, Version L                                                               
was before the committee as a working document.                                                                                 
                                                                                                                                
5:31:02 PM                                                                                                                    
                                                                                                                                
COURTNEY ENRIGHT, Staff,  Representative Gabrielle LeDoux, Alaska                                                               
State Legislature,  explained Version L offers  three substantive                                                               
changes.   It would:  allow  municipalities to opt out  and allow                                                               
established villages  to go through  a process to petition  for a                                                               
self-regulation  and  opt-out  provision; remove  vaping  and  e-                                                               
cigarettes from regulation under SB  63; and remove regulation of                                                               
marijuana from the purview of the smoke-free workplace bill.                                                                    
                                                                                                                                
5:31:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT  observed  there   was  no  fiscal  note                                                               
accompanying the proposed legislation.                                                                                          
                                                                                                                                
MS. ENRIGHT  responded, "I believe  the department is  working on                                                               
an updated  fiscal note, perhaps for  the Rules' CS, but  I don't                                                               
have any reason  to believe that these  changes would necessarily                                                               
add a fiscal cost.  I don't know."                                                                                              
                                                                                                                                
REPRESENTATIVE CHENAULT  said he  had been told  that.   He noted                                                               
that someone  had written a  letter of concern  to him.   He said                                                               
[Senator Micciche],  prime sponsor, had  told him that  the state                                                               
would not have  to provide signs.  Conversely,  he cited language                                                               
on page 6, line 9, which read as follows:                                                                                       
                                                                                                                                
          (c)  The department  shall furnish  signs required                                                                    
     under this section  to a person who  requests them with                                                                    
     the intention of displaying them.                                                                                          
                                                                                                                                
REPRESENTATIVE CHENAULT said  he does not know what  that cost is                                                               
but had heard it  could be as high as $20,000.   He said he would                                                               
like to know how much the State of Alaska would have to pay.                                                                    
                                                                                                                                
5:33:31 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX indicated that  she shares Representative Chenault's                                                               
concerns, which were  discussed at length in  the House Judiciary                                                               
Standing Committee.  She said the  bill sponsor has said the bill                                                               
has such  a light  enforcement footprint that  it would  not cost                                                               
the state  anything.   She said she  has many  concerns regarding                                                               
the  proposed legislation  and is  extending an  olive branch  by                                                               
proposing  Version  L   so  that  a  "reasonable   form"  of  the                                                               
legislation can make it to the House floor.                                                                                     
                                                                                                                                
5:34:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD   asked  for  confirmation   that  under                                                               
Version  L,  vaping  and  marijuana   would  be  allowed  in  the                                                               
workplace and opt-outs would gut the bill.                                                                                      
                                                                                                                                
5:34:42 PM                                                                                                                    
                                                                                                                                
MS. ENRIGHT said  she would not speak to the  third part, because                                                               
she said that is a policy  call for the committee.  She continued                                                               
as follows:                                                                                                                     
                                                                                                                                
     But I will  say that this doesn't  speak necessarily to                                                                    
     every  work place;  it says  that vaping  and marijuana                                                                    
     usage are not going to be  regulated under SB 63, as it                                                                    
     is currently.   There may be other  provisions in other                                                                    
     parts of law that can speak  to those issues.  In fact,                                                                    
     I know that there are  pieces of legislation before the                                                                    
     body  that address  that, but  that is  what this  bill                                                                    
     does:  it removes vaping and it removes marijuana from                                                                     
     the purview of this legislation.                                                                                           
                                                                                                                                
5:35:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT  proffered  that  there  are  a  lot  of                                                               
reasons someone  cannot have a tobacco  shop next to a  mall, for                                                               
example,  if  the ventilation  system  is  shared.   He  posed  a                                                               
scenario  where "a  marijuana place"  and "a  tobacco place"  are                                                               
next to each  other, and he said, "I don't  know what regulations                                                               
apply to that."                                                                                                                 
                                                                                                                                
CHAIR LEDOUX responded,  "Well, I guess we have  a [Department of                                                               
Environmental Conservation] (DEC) that might come up for some."                                                                 
                                                                                                                                
5:36:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  noted  that there  had  been  discussions                                                               
about an  opt-in clause,  which would  have required  anybody who                                                               
wanted  to have  a smoke-free  workplace to  opt in,  which would                                                               
require each municipality  to vote to participate.   He clarified                                                               
that the  opt-out clause means  the provision would  be statewide                                                               
except for  those municipalities that vote  to opt out.   He said                                                               
he doesn't think it would gut the bill.                                                                                         
                                                                                                                                
5:37:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  ask if the  opting out would have  to be                                                               
done via election or formal voting process.                                                                                     
                                                                                                                                
REPRESENTATIVE CLAMAN answered yes.                                                                                             
5:37:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 1,  labeled 30-                                                               
LS0024\L.1, Martin, 4/10/18, which read as follows:                                                                             
                                                                                                                                
     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; or                                                                              
               (2)  a business or place of employment that                                                                      
     is                                                                                                                         
               (A)  operated or staffed entirely by                                                                             
     volunteers;                                                                                                                
               (B)  a sole proprietorship; or                                                                                   
               (C)  operated or staffed entirely by the                                                                         
     immediate  family   members  of  the  owner;   in  this                                                                    
     subparagraph,   "immediate  family   member"  means   a                                                                    
     spouse,    child,    sibling,   parent,    grandparent,                                                                    
     grandchild, stepparent, stepchild, or stepsibling."                                                                        
                                                                                                                                
     Page 12, line 12:                                                                                                          
          Delete "or works for a business as a volunteer                                                                        
     without compensation"                                                                                                      
                                                                                                                                
REPRESENTATIVE CLAMAN objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  EASTMAN  spoke  to  Amendment  1.    He  said  if                                                               
Amendment 1 passes, he would  gladly [not offer] Amendments 2 and                                                               
3.   He said some people  have accused SB  63 of being a  bill to                                                               
ban smoking  outright.  He said  the primary concern of  the bill                                                               
is  to  ban  smoking  in workplaces,  because  "the  relationship                                                               
between employers and employees  is distinct and significant" and                                                               
if employees must, as a condition  of their jobs, endure a smoke-                                                               
filled workplace, then  they are put at a disadvantage.   He said                                                               
Amendment 1  would remove  from the  bill "those  workplaces that                                                               
aren't workplaces" and  have no employees.   He recommended those                                                               
who want to  ban smoking outright vote against  Amendment 1 while                                                               
those who  want to protect employees  vote for it.   He indicated                                                               
some  examples of  situations in  which there  are no  employees:                                                               
only   volunteers  working;   a  sole   proprietorship  with   no                                                               
employees; and  only family  members working  together.   He said                                                               
Amendment  1 would  protect  volunteers,  because "the  volunteer                                                               
relationship    is   ...    distinctly    different   than    the                                                               
employer/employee relationship."                                                                                                
                                                                                                                                
REPRESENTATIVE EASTMAN  said there  are volunteers who  smoke and                                                               
are  willing  to  "give  up   their  time  without  any  kind  of                                                               
compensation,"  and without  Amendment  1,  those volunteers  are                                                               
being  told, "If  you  want  to smoke  then  we  don't want  your                                                               
volunteer  time;  you'll   have  to  go  somewhere   else."    He                                                               
concluded, "And if you have  a situation where volunteers are all                                                               
choosing to  smoke and there's  no pressure  put on anyone  to do                                                               
so, then I think we should  recognize that we do value their time                                                               
and their  opportunity to serve,  and this simply  clarifies that                                                               
they can continue to do so under this bill."                                                                                    
                                                                                                                                
CHAIR LEDOUX said she supports  Amendment 1, because it clarifies                                                               
that  sole proprietors  and  volunteers are  not  covered by  the                                                               
bill.  She  offered her understanding that SB 63  is not intended                                                               
to ban smoking  but to make sure that employees  have a healthful                                                               
workplace.                                                                                                                      
                                                                                                                                
5:41:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN opined that Amendment  1 is poor policy and                                                               
would not  provide any  protection of employees.   He  said under                                                               
Amendment 1,  when there is  a sole  proprietor of a  bar, anyone                                                               
could smoke at the bar.                                                                                                         
                                                                                                                                
5:42:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  stated opposition to Amendment  1, because                                                               
she said  she doesn't  know how  such a  provision could  even be                                                               
enforced.                                                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN,  in recognition of the  comments that had                                                               
been made, offered  a conceptual amendment to  Amendment 1, which                                                               
would  - following  "a  sole proprietorship;"  -  change "or"  to                                                               
"and".   He said with this  change "the situation put  forward by                                                               
Representative Claman would,  in fact, not be the  case" and "the                                                               
only types  of sole proprietorships  that we're talking  about in                                                               
the amendment are those that fall under the other categories."                                                                  
                                                                                                                                
5:43:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  objected  to Conceptual  Amendment  1  to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN stated,  "Since that  completely resolves                                                               
the original concern,  I have to conclude ... that  the intent is                                                               
simply to ban smoking outright, and  that is not something that I                                                               
support or that my constituents  support, so I will be supporting                                                               
the amendment."                                                                                                                 
                                                                                                                                
5:44:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD said she does  not believe that voting no                                                               
[on Conceptual  Amendment 1 to  Amendment 1] means  smoking would                                                               
be banned "in every private place and household and everything."                                                                
                                                                                                                                
5:44:36 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Chenault, Eastman,                                                               
and  LeDoux voted  in favor  of  the motion  to adopt  Conceptual                                                               
Amendment 1  to Amendment 1.   Representatives  Reinbold, Claman,                                                               
and Stutes voted  against it.  Therefore,  Conceptual Amendment 1                                                               
to Amendment 1 failed by a vote of 3-3.                                                                                         
                                                                                                                                
5:45:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew his motion to adopt Amendment 1.                                                                
                                                                                                                                
                                                                                                                                
5:45:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved to adopt  Amendment 2, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     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; or                                                                              
     (2)  a  business or place of employment that  is a sole                                                                    
     proprietorship and  is operated or staffed  entirely by                                                                    
     the immediate  family members  of the  sole proprietor;                                                                    
     in this  paragraph, "immediate  family member"  means a                                                                    
     spouse,    child,    sibling,   parent,    grandparent,                                                                    
     grandchild, stepparent, stepchild, or stepsibling."                                                                        
                                                                                                                                
5:46:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  called a  point  of  order.   She  said                                                               
amendments must  be timely,  germane, and  not dilatory,  and she                                                               
opined that  both Amendment 2  and Amendment 3 [not  yet offered]                                                               
were dilatory.   She  asked that Chair  LeDoux rule  Amendments 1                                                               
and 2 out of order.                                                                                                             
                                                                                                                                
CHAIR LEDOUX  stated that she  did not  believe they were  out of                                                               
order.                                                                                                                          
                                                                                                                                
5:46:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN spoke to Amendment 2.  He said it focuses                                                                
on family and sole proprietorships - not on volunteers.                                                                         
                                                                                                                                
5:46:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN stated opposition to Amendment 2.                                                                         
                                                                                                                                
5:46:58 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Chenault, Eastman,                                                               
and LeDoux  voted in favor  of the  motion to adopt  Amendment 2.                                                               
Representatives Reinbold,  Claman, and  Stutes voted  against it.                                                               
Therefore, Amendment 2 failed by a vote of 3-3.                                                                                 
                                                                                                                                
5:47:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved to adopt Amendment 3, which read as                                                                
follows:                                                                                                                        
                                                                                                                                
     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; or                                                                              
               (2)  a business or place of employment that                                                                      
     is operated or staffed entirely by volunteers."                                                                            
                                                                                                                                
     Page 12, line 12:                                                                                                          
     Delete "or works for a business as a volunteer without                                                                     
     compensation"                                                                                                              
                                                                                                                                
REPRESENTATIVE CLAMAN objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE REINBOLD objected and called a point of order.                                                                   
                                                                                                                                
REPRESENTATIVE CLAMAN said, "I'll join Representative Reinbold's                                                                
point of order."                                                                                                                
                                                                                                                                
REPRESENTATIVE REINBOLD stated that it is clear the amendments                                                                  
are almost identical.  She added, "I do believe this is dilatory                                                                
and wasting precious time."                                                                                                     
                                                                                                                                
CHAIR LEDOUX responded that the point of order was not accepted.                                                                
                                                                                                                                
5:48:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  spoke to Amendment  3.  He said  it would                                                               
focus on  volunteers.  He  stated that if committee  members want                                                               
to  recognize that  volunteers are  not employees,  then he  asks                                                               
them to  support Amendment  3 in recognition  that "the  focus of                                                               
this bill  is - as  it ought to be  - focusing on  workplaces and                                                               
employees and employers."                                                                                                       
                                                                                                                                
5:48:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  stated, "There is nothing  ... that says                                                               
you want to  ban smoking outright everywhere."   She opined, "So,                                                               
once again,  that is  an absurd ...  interpretation, and  that is                                                               
not how I read this at all."                                                                                                    
                                                                                                                                
5:49:14 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Chenault, Eastman,                                                               
and LeDoux  voted in favor  of the  motion to adopt  Amendment 3.                                                               
Representatives Stutes,  Reinbold, and  Claman voted  against it.                                                               
Therefore, Amendment 3 failed by a vote of 3-3.                                                                                 
                                                                                                                                
5:49:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  moved to report  HCS CSSB 63,  Version 30-                                                               
LS0024\L,  Martin,  4/9/18,  out  of  committee  with  individual                                                               
recommendations and the accompanying previous fiscal notes.                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
5:50:06 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Claman, Chenault,                                                               
Reinbold, and LeDoux  voted in favor of the motion  to report HCS                                                               
CSSB 63,  Version 30-LS0024\L, Martin,  4/9/18, out  of committee                                                               
with  individual recommendations  and  the accompanying  previous                                                               
fiscal notes.   Representatives Stutes and  Eastman voted against                                                               
it.   Therefore, HCS CSSB 63(RLS)  was reported out of  the House                                                               
Rules Standing Committee by a vote of 4-2.                                                                                      

Document Name Date/Time Subjects
HCS SB 14 Version P.pdf HRLS 4/10/2018 5:00:00 PM
SB 14
HCS SB14 Explanation of Changes.pdf HRLS 4/10/2018 5:00:00 PM
SB 14
HCS SB 14 Letter of Support - Alaska Municipal League.pdf HRLS 4/10/2018 5:00:00 PM
SB 14
HCS SB 14 Letter of Support - City Borough of Juneau.pdf HRLS 4/10/2018 5:00:00 PM
SB 14
HCS SB 63 Version L.pdf HRLS 4/10/2018 5:00:00 PM
SB 63
HCS SB63 Explanation of Changes.pdf HRLS 4/10/2018 5:00:00 PM
SB 63
HCS SB 63 Amendments.pdf HRLS 4/10/2018 5:00:00 PM
SB 63