Legislature(2017 - 2018)SENATE FINANCE 532
03/20/2017 09:00 AM Senate FINANCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB63 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 63 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 63
"An Act prohibiting smoking in certain places;
relating to education on the smoking prohibition; and
providing for an effective date."
9:17:36 AM
MOVED to ADOPT the proposed committee substitute for SB 63,
Work Draft 30-LS0024\R (Martin 3/10/17).
Co-Chair MacKinnon OBJECTED for discussion.
9:17:52 AM
JULI LUCKY, STAFF, SENATOR ANNA MACKINNON, explained the
changes in the committee substitute (copy on file):
Throughout §18.35.301 the language "smoking is
prohibited" and "smoking is allowed" was replaced with
"an individual may not smoke" and "an individual may
smoke" to clarify that building managers and employers
cannot be fined for a violation of this section.
Page 2, lines 13-27: Rewrites §18.35.301 (b) for
clarity. The prohibitions are the same; the only
additional language is to clarify that a person can
smoke in a private residence that is in the same
building as another, separate private residence that
provides child care or adult care.
Page 3, lines 16-23: Rewrites §18.35.301 (d)(1)(B)
regarding the exemption for businesses that are not
freestanding. The words "or building" were added to
lines 16 and 20 to ensure that buildings that are not
businesses will also be considered. Also, the
prohibition on exemption was extended to include
facilities that provide adult care.
Page 4, lines 1-3: Rewrites §18.35.301 (e) regarding
smoking areas in airports. Instead of specifying where
the smoking area can be located and who can use it,
the CS allows an airport discretion in creating a
separate enclosed smoking area as long as it is
"vented directly to an outdoor area where smoking is
not prohibited."
Page 5, lines 11-12: Rewrites §18.35.306 to remove
language that specifies acceptable puffin types for
signs. This change was made to ensure that existing
signs will not be made noncompliant by passage of this
legislation, thereby possibly subjecting business
owners to a fine for improper signage.
Co-Chair MacKinnon REMOVED her OBJECTION. There being NO
further OBJECTION, the proposed committee substitute was
adopted.
9:22:57 AM
Co-Chair MacKinnon discussed the bill hearing history.
Senator Micciche did not offer any comments on the bill.
9:23:32 AM
Senator Micciche stated that he had an amendment.
9:23:43 AM
AT EASE
9:25:03 AM
RECONVENED
9:25:07 AM
Senator Micciche MOVED to ADOPT Amendment 1 (copy on file):
Co-Chair MacKinnon OBJECTED for DISCUSSION.
Senator Micciche explained the amendment.
9:26:21 AM
Co-Chair MacKinnon REMOVED her OBJECTION. There being NO
OBJECTION, Amendment 1 was ADOPTED.
9:26:39 AM
Co-Chair MacKinnon explained //
9:27:16 AM
AT EASE
9:27:23 AM
RECONVENED
Co-Chair MacKinnon noted that on line 7 there was a
handwritten statement, "is not licensed to" and "does not"
was deleted.
9:27:48 AM
AT EASE
9:28:52 AM
RECONVENED
9:28:55 AM
Senator Dunleavy MOVED to ADOPT Amendment 2 (copy on file):
Page 3, line 31, following "a":
Insert "(1)"
Page 4, line 3, following "section":
Insert";
(2) private club if the private club
(A) has no employees;
(B) limits use of the club premises to
members of the club; and
(C) prohibits use of marijuana as defined in
AS 17.38.900; and
(D) is in a building that
(i) is freestanding; or
(ii) if it is attached to another
business or building, the other
business or building does not serve as
a residence, child care facility,
facility providing care for adults on a
fee-for-service basis, school, or
health care facility"
Co-Chair MacKinnon OBJECTED for DISCUSSION.
9:29:12 AM
GINA RITACCO, STAFF, SENATOR MIKE DUNLEAVY, explained the
amendment. She stated that the amendment allowed for new
private clubs that may permit smoking to form after the
passage of the bill. She stated that the club must not be
open to the public; did not have employees; prohibited the
use of marijuana; and was in a building that was either
free-standing or not attached to another building that was
a residence, child care facility, facility providing care
for adults, or on a fee for service basis school or health
care facility. The provision was included because in rural
districts, there may be no free standing facility to be
used as a club to gather together.
Senator Micciche stated that he also objected to the
amendment. He explained that a private club was not
currently covered under the bill. He stated that a place
with no employees and was free standing was allowed to
smoke in its facility. He felt that the amendment countered
the reason for the bill, because it harmed those working in
the attached building.
9:31:17 AM
AT EASE
9:32:10 AM
RECONVENED
9:32:22 AM
Senator Dunleavy explained that the amendment was intended
to allow a private club to exist. He stated that there were
not many buildings in some rural locations in his district.
He shared that the intent was to address the lack of
infrastructure in the rural parts of his district.
Senator Olson queried the effect on the people who were
trying not to violate the law.
Senator Dunleavy responded that the bill would affect the
unorganized boroughs, too. He remarked that there was often
no infrastructure. He explained that there may be a
business that had all employees as smokers, and there may
be an attached portion of the building with a club that may
wish to smoke with no employees. He stressed that the
amendment would provide the smaller communities more
flexibility for the desire to have a club in an attached
building.
Senator Olson wondered whether the amendment included
villages.
Senator Dunleavy replied in the affirmative.
Co-Chair MacKinnon wondered why there was not a limited
definition for "off the road systems" or "rural
communities."
Senator Dunleavy replied that he did not know if there was
a limiting consideration.
Co-Chair MacKinnon remarked that there were multiple
definitions for rural communities.
Senator von Imhof remarked that there may be issues related
to an HVAC system in a building that would cause poor
ventilation.
9:37:12 AM
Senator Olson felt that the amendment may alleviate some
confusion in rural Alaska that would cause a disadvantage
without the ability to have an "out."
Co-Chair MacKinnon MAINTAINED her OBJECTION.
A roll call vote was taken on the motion.
IN FAVOR: Olson, Dunleavy
OPPOSED: von Imhof, Bishop, Micciche, MacKinnon, Hoffman
The motion to adopt Amendment 2 FAILED (2,5).
Senator Micciche remarked that he had worked with
businesses to "soften" the effect on existing businesses.
He hoped the businesses would move out of the location that
impacted others in the future, and was willing to help with
some investment. He stressed that the businesses who smoked
in "mini-malls" caused a health risk to the other
businesses. He spoke in support of the legislation.
Vice-Chair Bishop MOVED to REPORT CSSB 63(FIN) out of
Committee with individual recommendations and the
accompanying fiscal notes.
There being NO OBJECTION, it was so ordered.
9:40:01 AM
AT EASE
9:42:35 AM
RECONVENED
Co-Chair MacKinnon discussed housekeeping.
CSSB 63(FIN) was REPORTED out of committee with a "do pass"
recommendation with one new zero fiscal note from
Department of Transportation and Public Facilities, and
four previously published zero fiscal notes: FN2(DEC);
FN3(DHS); FN4(DPS); and FN5(CED).
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 63 McDonald.Alex Testimony 2017.03.12.pdf |
SFIN 3/20/2017 9:00:00 AM |
SB 63 |
| SB 63 SCS Work Draft v. R.pdf |
SFIN 3/20/2017 9:00:00 AM |
SB 63 |
| SB 63 SCS SB63 v. R Explanation.pdf |
SFIN 3/20/2017 9:00:00 AM |
SB 63 |
| SB 63 Amendment 1 Micciche.pdf |
SFIN 3/20/2017 9:00:00 AM |
SB 63 |
| SB 63 Amendment 2.a Dunleavy.pdf |
SFIN 3/20/2017 9:00:00 AM |
SB 63 |