Legislature(2017 - 2018)SENATE FINANCE 532

03/13/2017 09:00 AM FINANCE

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Audio Topic
09:03:23 AM Start
09:03:58 AM SB63
10:45:58 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 63 REGULATION OF SMOKING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled 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."                                                                                          
                                                                                                                                
9:03:58 AM                                                                                                                    
                                                                                                                                
Senator Micciche,  sponsor, discussed the bill.  He recalled                                                                    
that  the bill  had  passed the  Senate  twice the  previous                                                                    
year. He informed  that more people in  Alaska died annually                                                                    
from  the  effects  of  tobacco  than  from  suicide,  motor                                                                    
vehicle  accidents,  homicide,  and chronic  liver  diseases                                                                    
combined. He asserted that due  to his political persuasion,                                                                    
he considered  concepts by whether  they passed the  test of                                                                    
freedom and  liberty, as  well as  by the  responsibility of                                                                    
protecting  public  safety  and   health.  He  believed  the                                                                    
fundamental  right   to  breathe   smoke-free  air   in  the                                                                    
workplace  compelled  the  legislature to  protect  Alaska's                                                                    
labor force.                                                                                                                    
                                                                                                                                
Senator Micciche  read excerpts  from the  sponsor statement                                                                    
(copy on file):                                                                                                                 
                                                                                                                                
     The  financial burden  of caring  for  those that  fall                                                                    
     victim  to tobacco-related  illness  due to  secondhand                                                                    
     smoke costs  the State  of Alaska  tens of  millions of                                                                    
     dollars annually.                                                                                                          
                                                                                                                                
     Current law prohibits smoking in  the workplace in many                                                                    
     areas  of the  state  including healthcare  facilities,                                                                    
     schools, childcare facilities  and public meeting rooms                                                                    
     in  government   buildings.  Over   one  half   of  the                                                                    
     population  of   Alaska  including  those   in  Bethel,                                                                    
     Anchorage,   Juneau,    Barrow,   Dillingham,   Haines,                                                                    
     Skagway,  Petersburg,  Klawock,   Nome,  Unalaska,  and                                                                    
     Palmer  are  currently  living  under  smoke-free  laws                                                                    
     similar to SB  63. These laws are  well established and                                                                    
     strongly  supported  by  citizens and  businesses.  For                                                                    
     Alaskans residing in the remaining  areas of the state,                                                                    
     this  bill will  offer a  uniformly applied  smoke-free                                                                    
     workplace policy.                                                                                                          
                                                                                                                                
     SB 63  does not  prohibit outdoor smoking,  except near                                                                    
     building  entrances/exits,   air  intakes,   and  other                                                                    
     specifically-designated  public  gathering places.  The                                                                    
     bill does  not legislate  the employment of  smokers or                                                                    
     non-smokers.    Local    governments   with    adequate                                                                    
     jurisdiction will  retain the  authority to  adopt more                                                                    
     restrictive local provisions than the statewide law.                                                                       
                                                                                                                                
9:06:10 AM                                                                                                                    
                                                                                                                                
RACHEL HANKE, STAFF, SENATOR PETER MICCICHE, discussed the                                                                      
Sectional Analysis for the bill (copy on file):                                                                                 
                                                                                                                                
     Section 1                                                                                                                  
     Provides  a statement  of legislative  intent which  is                                                                    
     that  nothing  in  this  Act  will  waive  the  state's                                                                    
     immunity from liability provided  for in state law, nor                                                                    
     to alter applicable law  relating to possible liability                                                                    
     of manufacturers, dispensers, or  others as a result of                                                                    
     smoking  or using  tobacco  or  e-cigarettes within  an                                                                    
     enclosed area.                                                                                                             
                                                                                                                                
     Section 2                                                                                                                  
     Adds a new article to AS 18.35 that                                                                                        
        · AS 18.35.301 - prohibits smoking in certain                                                                           
          places, including specified enclosed areas and at                                                                     
          or near specified outdoor areas;                                                                                      
        · provides limited exceptions to the smoking                                                                            
          prohibitions  for retail  tobacco and  e-cigarette                                                                    
          stores, for  enclosed, marked, and  vented transit                                                                    
          areas,  for  private   residences,  for  specified                                                                    
          vehicles  and  vessels, for  stand-alone  shelters                                                                    
          and for licensed marijuana establishments;                                                                            
        · AS 18.35.306 - requires notices of smoking                                                                            
          prohibitions and fines;                                                                                               
        · AS 18.35.311 - prohibits employers and building                                                                       
          owners  or  managers  from permitting  smoking  or                                                                    
          supplying  smoking accessories  in place  where it                                                                    
          is prohibited;                                                                                                        
        · AS 18.35.316-35.321 - requires the commissioner                                                                       
          of   health    and   social   services    or   the                                                                    
          commissioner's designee to  administer and enforce                                                                    
          the  requirements under  the  Act  and to  provide                                                                    
         public education about the requirements;                                                                               
        · AS 18.35.326 - prohibits an employer, or owner or                                                                     
          operator  of   a  vehicle  from   retaliating  for                                                                    
          initiating or cooperating  with enforcement of the                                                                    
          Act;                                                                                                                  
        · AS 18.35.331 - allows a municipality to impose                                                                        
          additional smoking restrictions and duties;                                                                           
                                                                                                                                
Ms. Hanke continued discussing the sectional analysis for                                                                       
SB 63:                                                                                                                          
                                                                                                                                
     Sections 3 - 4                                                                                                             
     AS  18.35.340(a) &  (b)  -  amends cross-references  to                                                                    
     conform to the new and repealed provisions.                                                                                
                                                                                                                                
     Section 5                                                                                                                  
     AS 18.35.340(c) -  amends cross-references and provides                                                                    
     new fines for violations  in which the commissioner has                                                                    
     filed a civil complaint.                                                                                                   
                                                                                                                                
     Section 6-7                                                                                                                
     AS  18.35.341(a) &  (b)  -  amends cross-references  to                                                                    
     conform to the new and repealed provisions.                                                                                
                                                                                                                                
     Section 5                                                                                                                  
     AS 18.35.340(c) -  amends cross-references and provides                                                                    
     new fines for violations  in which the commissioner has                                                                    
     filed a civil complaint.                                                                                                   
                                                                                                                                
     Section 6-7                                                                                                                
     AS  18.35.341(a) &  (b)  -  amends cross-references  to                                                                    
     conform to the new and repealed provisions.                                                                                
     Senator.Peter.Micciche@akleg.gov                                                                                           
                                                                                                                                
     Section 8                                                                                                                  
     AS 18.35.341(c) -  amends cross-references and provides                                                                    
     individuals found  guilty of a violation  as defined in                                                                    
     Title 11 are subject to new fines.                                                                                         
                                                                                                                                
     Section 9-12                                                                                                               
     AS  18.35.341(d),  35.342,  35.343  &  35.350  -  Amend                                                                    
     cross-references  to conform  to the  new and  repealed                                                                    
     provisions.                                                                                                                
                                                                                                                                
     Section 13                                                                                                                 
     AS 18.35.399 - Defines terms used in the Act.                                                                              
                                                                                                                                
     Section 14                                                                                                                 
     Repeals specified  provisions related to smoking  in AS                                                                    
     18.35.                                                                                                                     
                                                                                                                                
     Section 15                                                                                                                 
     Uncodified  law -  specifies that  the changes  made by                                                                    
     secs.  2  -  13  of  the Act  apply  to  violations  or                                                                    
     compliance  failures   that  occur  on  or   after  the                                                                    
     effective date of secs. 2 - 13 of the Act.                                                                                 
                                                                                                                                
     Section 16                                                                                                                 
     Uncodified law  - authorizes  the Department  of Health                                                                    
     and Social  Services to adopt necessary  regulations to                                                                    
     implement the Act. The Regulations  may not take effect                                                                    
     before  the effective  date of  the relevant  provision                                                                    
     being implemented.                                                                                                         
                                                                                                                                
     Section 17                                                                                                                 
     Provides for an immediate effective date for sec. 16.                                                                      
                                                                                                                                
     Section 18                                                                                                                 
     Provides for an October 1,  2017 effective date for the                                                                    
     remainder of the Act.                                                                                                      
                                                                                                                                
Senator  Micciche  noted  that  the  bill  was  purposefully                                                                    
designed  to  be  light-handed  and  with  light  fines.  He                                                                    
informed  that  similar  laws in  effect  in  Anchorage  had                                                                    
produced almost  no violations. He  had researched  that the                                                                    
law would  not negatively impact businesses.  He stated that                                                                    
the  difference  in  the  bill from  the  version  from  the                                                                    
previous  year  was  a  couple of  changed  items  that  the                                                                    
sponsor   felt  had   not  fallen   into  the   category  of                                                                    
specifically protecting Alaskan employees.                                                                                      
                                                                                                                                
9:10:41 AM                                                                                                                    
                                                                                                                                
DR. JAY BUTLER, CHIEF  MEDICAL OFFICER, DEPARTMENT OF HEALTH                                                                    
AND  SOCIAL  SERVICES,  relayed  that  his  perspective  and                                                                    
comments on the bill were in  the context of a physician and                                                                    
public health professional. He relayed  that he was a former                                                                    
tobacco  user. He  asserted that  secondhand smoke  had been                                                                    
linked    to    several    health    disorders;    including                                                                    
cardiovascular disease, lung  cancer, asthma, and middle-ear                                                                    
infections.                                                                                                                     
                                                                                                                                
Dr. Butler focused his remarks  on cardiovascular disease as                                                                    
the  short-term impact  of  secondhand  smoke. He  discussed                                                                    
research that  linked smoke  exposure to  heart-attack risk,                                                                    
which  was evidenced-based  in multiple  scientific studies.                                                                    
He referred to studies  that showed the epidemiological link                                                                    
between  smoke exposure  and heart-attack  risk. He  relayed                                                                    
that  smoke  exposure  lead to  stickiness  of  the  blood's                                                                    
platelets  in the  walls of  the  vessels of  the heart.  In                                                                    
areas  where smoking  had been  taken out  of doors,  it was                                                                    
found  that  there  was  a decrease  in  incident  of  heart                                                                    
attacks.  On average  the decline  in heart  attacks was  17                                                                    
percent,  and  the declines  were  greater  among women  and                                                                    
younger people.  He estimated that  if Alaska  could achieve                                                                    
the  same level  of decline  in the  heart-attack rate,  the                                                                    
health  care  system  in  the state  could  save  almost  $4                                                                    
million  in costs,  and the  Alaska  Medicaid program  could                                                                    
avert over $500,000 in direct medical costs.                                                                                    
                                                                                                                                
9:13:44 AM                                                                                                                    
                                                                                                                                
Dr.  Butler  continued  discussing  the bill.  He  spoke  to                                                                    
promoting personal responsibility, which  was central to the                                                                    
mission of his department.  He thought encouraging people to                                                                    
think  about reducing  exposure  to people  around them  fit                                                                    
with the department's work.                                                                                                     
                                                                                                                                
Senator  Olson considered  that the  bill was  good for  the                                                                    
health of the state and asked  why it had not already passed                                                                    
into law.                                                                                                                       
                                                                                                                                
Dr.  Butler  thought  Senator   Olson's  question  was  more                                                                    
political  than  medical, and  was  unsure  he could  answer                                                                    
beyond  speculation. He  thought there  were interests  that                                                                    
wanted to encourage  free usage of tobacco.  There were data                                                                    
that suggested  that when there  were restrictions  on where                                                                    
tobacco  could be  used,  overall usage  and  the uptake  of                                                                    
tobacco products by youth were shown to decline.                                                                                
                                                                                                                                
Senator Olson asked why the  Department of Health and Social                                                                    
Services (DHSS)  had not pushed  for more  stringent smoking                                                                    
laws in  the past 50  years, since  it was known  that there                                                                    
was a strong link between smoking and health issues.                                                                            
                                                                                                                                
Dr.  Butler had  worked  in his  current  position as  Chief                                                                    
Medical  Officer  approximately  27  months,  and  had  been                                                                    
involved  with the  bill  starting with  SB  1 the  previous                                                                    
session. He was not familiar  enough with the history of the                                                                    
department to be able to comment  on why action had not been                                                                    
taken sooner.  He thought that emerging  science and support                                                                    
of the  United States (U.S.)  Surgeon General was  partly to                                                                    
attribute for the current action on the issue.                                                                                  
                                                                                                                                
9:16:29 AM                                                                                                                    
                                                                                                                                
EMILY NENON,  GOVERNMENT RELATIONS, AMERICAN  CANCER SOCIETY                                                                    
AND CANCER  ACTION NETWORK, ANCHORAGE  (via teleconference),                                                                    
testified  in support  of the  bill. She  explained that  in                                                                    
1998, Bethel had been the  first community in Alaska to pass                                                                    
a  local  smoke-free workplace  law.  She  noted that  since                                                                    
1998, many places around the  state (such as Barrow, Juneau,                                                                    
Anchorage,  Unalaska,  Nome,  Palmer,  and  Dillingham)  had                                                                    
passed  similar laws.  She thought  about  half the  state's                                                                    
population was  covered by local smoke-free  workplace laws.                                                                    
She thought many places in the  state did not have the local                                                                    
health  powers   necessary  to  pass   such  a   law,  which                                                                    
necessitated  a statewide  law to  ensure  all workers  were                                                                    
protected from secondhand smoke in the workplace.                                                                               
                                                                                                                                
Ms. Nenon  continued to testify  on the bill.  She concurred                                                                    
with  the previous  testifier that  the  science behind  the                                                                    
effects  of smoking  had gotten  stronger. She  referenced a                                                                    
2006  report by  the U.S.  Surgeon General  that established                                                                    
that no amount of secondhand  smoke was safe for humans, and                                                                    
that  ventilation  systems  were  not  adequate  to  protect                                                                    
health.  In 2006,  electronic cigarettes  hit the  market in                                                                    
the U.S. There was not a  body of research on the effects of                                                                    
electronic cigarettes,  but there was significant  cause for                                                                    
concern with health impacts.                                                                                                    
                                                                                                                                
Ms.  Nenon  noted that  there  was  strong support  for  the                                                                    
legislation around the  state, that had only  grown over the                                                                    
past  few years.  She referenced  polling numbers  that were                                                                    
included in  the bill packet.  She emphasized  that everyone                                                                    
had a right to breathe smoke-free air.                                                                                          
                                                                                                                                
9:20:10 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon OPENED public testimony.                                                                                     
                                                                                                                                
ALYSSA   KEILL,   SELF,  FAIRBANKS   (via   teleconference),                                                                    
testified  in  support of  the  bill.  She thought  limiting                                                                    
public  exposure  to  secondhand   smoke  was  in  the  best                                                                    
interest  of   the  state  based  on   cost.  She  discussed                                                                    
healthcare  costs, and  the economic  burden  of paying  for                                                                    
individuals  suffering from  tobacco-related illnesses.  She                                                                    
discussed  the consequences  of breathing  secondhand smoke.                                                                    
She did not believe smoking was a right.                                                                                        
                                                                                                                                
9:22:45 AM                                                                                                                    
                                                                                                                                
JOHNA BEECH, SELF, KENAI  (via teleconference), testified in                                                                    
support of the  bill. She thanked the sponsor.  She lived in                                                                    
a borough  that did  not have  health powers.  She mentioned                                                                    
those   youth  entering   the  workforce,   and  individuals                                                                    
hindered by secondhand smoke.                                                                                                   
                                                                                                                                
9:24:15 AM                                                                                                                    
                                                                                                                                
BOB  URATA,  AMERICAN  HEART ASSOCIATION  VOLUNTEER,  JUNEAU                                                                    
(via  teleconference),  spoke in  support  of  the bill.  He                                                                    
relayed  that  he was  a  family  physician. He  noted  that                                                                    
cigarette  smoking  continued to  be  the  leading cause  of                                                                    
preventable death  and disease  in the  U.S. and  Alaska. He                                                                    
referenced  the  U.S.  Surgeon  General's  comments  on  the                                                                    
dangers  of  secondhand  smoke   on  vascular  function.  He                                                                    
discussed the  expense of smoking in  lost productivity, and                                                                    
possible savings  to Medicaid.  He referenced  research that                                                                    
showed  decline in  heart  attacks  after implementation  of                                                                    
smoke-free workplaces. He  thought electronic cigarettes and                                                                    
should  be  included  in  any  restrictions.  He  urged  the                                                                    
committee to support the bill.                                                                                                  
                                                                                                                                
9:26:27 AM                                                                                                                    
                                                                                                                                
CHRYSTAL  SCHOENROCK, KENAI  PENINSULA  CABARET, HOTEL,  AND                                                                    
RESTAURANT  RETAILERS  (CHARR),  4-LANDS BAR,  NIKISKI  (via                                                                    
teleconference), testified  in opposition  to the  bill. She                                                                    
thought business owners and patrons  should have a choice on                                                                    
the  issue  of  smoking.  She  asserted  that  there  was  a                                                                    
sufficient number of  non-smoking establishments. She shared                                                                    
concerns  about the  potential impact  to her  business. She                                                                    
referenced  a  decline  in  business  and  the  prospect  of                                                                    
increased  taxes.  She  emphasized  freedom  of  choice  for                                                                    
smokers.                                                                                                                        
                                                                                                                                
9:28:29 AM                                                                                                                    
                                                                                                                                
MARY SEARS,  SELF, MATSU (via teleconference),  testified in                                                                    
support of the  bill. She thought it was possible  to make a                                                                    
difference  in  the  lives  of people  who  were  forced  to                                                                    
experience  secondhand smoke.  She  relayed that  she was  a                                                                    
retired   correctional  officer,   and  had   worked  around                                                                    
secondhand  smoke   for  many   years.  She   discussed  her                                                                    
experience with secondhand smoke  and the resultant negative                                                                    
effects. She experienced cancer and lung scarring.                                                                              
                                                                                                                                
9:29:34 AM                                                                                                                    
                                                                                                                                
JOHN  SLOAN,  SELF,  DELTA  JUNCTION  (via  teleconference),                                                                    
spoke  in  support  of  the   bill.  He  asserted  that  the                                                                    
legislation  had  no  cost,  and   did  not  understand  the                                                                    
opposition  to the  bill. He  recalled smoking  occurring in                                                                    
public places. He  wanted to make Alaska a  safe and healthy                                                                    
place that people would want to come to for work and play.                                                                      
                                                                                                                                
9:30:57 AM                                                                                                                    
                                                                                                                                
GAIL SCHIEMANN, SELF,  ANCHORAGE (via teleconference), spoke                                                                    
in support  of the bill.  She had worked in  the hospitality                                                                    
industry  for  over 20  years  before  any secondhand  smoke                                                                    
protections were put  into place. She was  a non-smoker. She                                                                    
experienced  Chronic  Obstructive Pulmonary  Disease  (COPD)                                                                    
and relied on oxygen to perform normal household tasks.                                                                         
                                                                                                                                
9:31:53 AM                                                                                                                    
                                                                                                                                
AMANDA  LENHARD,   SELF,  ANCHORAGE   (via  teleconference),                                                                    
testified in  support of the  bill. She enjoyed living  in a                                                                    
community  with smoke-free  restaurants.  She discussed  the                                                                    
effects of secondhand smoke on children.                                                                                        
                                                                                                                                
9:32:34 AM                                                                                                                    
                                                                                                                                
DICK  BLOCK,  ASSOCIATION  OF ALASKA  MULTI-FAMILY  BUSINESS                                                                    
OWNERS,  ANCHORAGE (via  teleconference),  testified on  the                                                                    
bill.  He was  not  in opposition  to the  bill,  but had  a                                                                    
concern.  He  relayed  that  his  company  was  in  property                                                                    
management. He  was concerned about how  a regulatory agency                                                                    
might  enforce the  bill. He  beleived that  there had  been                                                                    
some unfortunate  drafting of language that  was in statute.                                                                    
He thought  it was unclear as  to who was responsible  if an                                                                    
individual was smoking  on one of his  properties. He wanted                                                                    
to  preclude responsibility  by the  property owner.  He had                                                                    
visited and discussed the matter  with staff to the sponsor.                                                                    
He believed that owners  and operators of multi-family-owned                                                                    
buildings were in a different  position than owners of other                                                                    
establishments. He was concerned  that an apartment building                                                                    
owner  was never  on  the property,  and  could not  monitor                                                                    
smoking  activity   beyond  putting   up  signage.   He  was                                                                    
supportive of putting anti-smoking language in a lease.                                                                         
                                                                                                                                
9:35:58 AM                                                                                                                    
                                                                                                                                
KATIE  STEFFENS,   SELF,  ANCHORAGE   (via  teleconference),                                                                    
testified   in   support   of  the   bill.   She   discussed                                                                    
experiencing  secondhand smoke  in  restaurants. She  shared                                                                    
concerns about the effects of  secondhand smoke on children.                                                                    
She urged the committee to pass the bill.                                                                                       
                                                                                                                                
9:37:04 AM                                                                                                                    
                                                                                                                                
ANGELA CERNICH, SELF,  ANCHORAGE (via teleconference), spoke                                                                    
in  support   of  the  bill.  She   discussed  her  personal                                                                    
experience  with  secondhand   smoke.  She  had  experienced                                                                    
medical problems  including COPD  as a result  of secondhand                                                                    
smoke.                                                                                                                          
                                                                                                                                
9:39:08 AM                                                                                                                    
                                                                                                                                
CARMEN  LUNDE, KODIAK  CHARR,  KODIAK (via  teleconference),                                                                    
testified in  opposition to the bill.  She believed business                                                                    
owners  had the  right  to make  choices without  government                                                                    
mandates. She discussed the compromise  that had taken place                                                                    
in Kodiak; where  75 percent of the bars  were designated as                                                                    
non-smoking, and  the remaining  25 percent  allowed smoking                                                                    
inside. She discussed the weather  and thought people should                                                                    
not be forced to smoke outside. She quoted Abraham Lincoln.                                                                     
                                                                                                                                
9:40:54 AM                                                                                                                    
                                                                                                                                
BETTY MACTAVISH, AMERICAN  LUNG ASSOCIATION OF ALASKA/ASCAN,                                                                    
KODIAK (via  teleconference), spoke in support  of the bill.                                                                    
She stated that the Kodiak  Island Borough had health powers                                                                    
but had chosen to sign a  resolution of support for the bill                                                                    
instead  of  passing  a   local  smoke-free  ordinance.  She                                                                    
clarified that there  had never been a vote  on a smoke-free                                                                    
ordinance  in  the  borough.  She   spoke  of  her  personal                                                                    
experience  with the  ill effects  of secondhand  smoke. She                                                                    
discussed  her work  with youth  who smoked.  She urged  the                                                                    
committee to pass the bill and protect Alaskan workers.                                                                         
                                                                                                                                
9:42:53 AM                                                                                                                    
                                                                                                                                
PAMELA HOWARD, SCHOOL  NURSE, SOLDOTNA (via teleconference),                                                                    
testified in support  of the bill. She  thanked the sponsor,                                                                    
and thanked  the committee for  its work. She  discussed her                                                                    
personal  experience with  asthma. She  referred to  Senator                                                                    
Olson's question  about why  the law had  not been  put into                                                                    
place earlier. She referred to  other states that had passed                                                                    
similar  laws,  and  commented  on  marketing  and  lobbying                                                                    
spending by tobacco companies.                                                                                                  
                                                                                                                                
9:45:11 AM                                                                                                                    
                                                                                                                                
WAYNE  CROWSON, SELF,  DELTA JUNCTION  (via teleconference),                                                                    
testified  in  support  of  the bill.  He  shared  that  his                                                                    
brother  had died  of  lung cancer  after  being exposed  to                                                                    
secondhand   smoke.  He   discussed  the   ill  effects   of                                                                    
secondhand smoke.                                                                                                               
                                                                                                                                
9:45:53 AM                                                                                                                    
                                                                                                                                
NIKKI  LEE, MUG  SHOT  SALOON,  MATSU (via  teleconference),                                                                    
spoke in opposition to the  bill. She felt a business should                                                                    
have the  right to determine  whether it allowed  smoking or                                                                    
not.                                                                                                                            
                                                                                                                                
9:46:39 AM                                                                                                                    
                                                                                                                                
MICHELE  SHAPIRO, MATSU  CHARR, MATSU  (via teleconference),                                                                    
testified in  opposition to  the bill.  She was  speaking on                                                                    
behalf of  CHARR members in  the Mat-Su Valley.  She relayed                                                                    
that there were  businesses in her area that  had chosen not                                                                    
to  allow  smoking in  the  establishment.  She thought  the                                                                    
decision as  to whether to  allow smoking should be  left to                                                                    
the business owners. She relayed  that the community of Nome                                                                    
had  gone   smoke-free,  and  remarked  on   the  groups  of                                                                    
individuals smoking outside near the general public.                                                                            
                                                                                                                                
9:48:48 AM                                                                                                                    
                                                                                                                                
JENNIFER BRANDT,  SELF, WASILLA (via  teleconference), spoke                                                                    
in support to  the bill. She shared  her personal experience                                                                    
with the detriments of secondhand smoke in the workplace.                                                                       
                                                                                                                                
9:49:46 AM                                                                                                                    
                                                                                                                                
DANIEL   LYNCH,   SELF,   SOLDOTNA   (via   teleconference),                                                                    
testified in  opposition to the  bill. He  supported freedom                                                                    
of choice for  property and business owners  as it pertained                                                                    
to  free market  economics. He  supported local  control and                                                                    
local option, as was used  with alcohol and cannabis use. He                                                                    
discussed  the cost  of local  enforcement. He  wondered why                                                                    
there should be  another law that would not  be enforced. He                                                                    
asserted that the  state received an average  of $70 million                                                                    
from tobacco taxes.  He suggested that the  bill would cause                                                                    
lost revenue.  He thought there were  other professions that                                                                    
deserved  scrutiny for  unsafe  conditions,  such as  drive-                                                                    
throughs  and the  construction industry.  He thought  there                                                                    
should be a bill to prevent  cell phone use on public roads.                                                                    
He  thought  there  should  be  a  study  to  determine  the                                                                    
difference   in  health   between  Bethel   and  the   Kenai                                                                    
Peninsula.                                                                                                                      
                                                                                                                                
9:52:07 AM                                                                                                                    
                                                                                                                                
LARRY  HACKENMILLER, SELF,  FAIRBANKS (via  teleconference),                                                                    
spoke  in   opposition  to  the   bill.  He   discussed  the                                                                    
unregulated use of propane and  natural gas stoves in homes.                                                                    
He   discussed   scientific   standards  employed   by   the                                                                    
Environmental Protection  Agency. He  did not  think smoking                                                                    
should be subject to governmental  control. He thought there                                                                    
was a  safe level of  secondhand smoke exposure.  He thought                                                                    
there   had  been   a  misrepresentation   of  science.   He                                                                    
questioned the assertion that secondhand smoke was lethal.                                                                      
                                                                                                                                
9:54:36 AM                                                                                                                    
                                                                                                                                
DICK  ELLSWORTH,   SELF,  FAIRBANKS   (via  teleconference),                                                                    
testified  in opposition  to the  bill. He  agreed with  the                                                                    
previous speaker. He discussed  his roadhouse in which there                                                                    
was an  air-exchange system. He  discussed his  business. He                                                                    
shared concerns  about a  loss of  jobs as  a result  of the                                                                    
bill.  He  discussed  tobacco   tax  revenue.  He  discussed                                                                    
enforcement, and thought  the issue had been  addressed on a                                                                    
local level.                                                                                                                    
                                                                                                                                
9:56:53 AM                                                                                                                    
                                                                                                                                
DEAN GUSTAFSON, SELF,  FAIRBANKS (via teleconference), spoke                                                                    
in support  of the  bill. He  relayed that  he was  a former                                                                    
United States Marine, and graduate  student in public health                                                                    
at the University  of Alaska Anchorage. He  thanked the bill                                                                    
sponsor.  He referred  to  earlier  testimony regarding  the                                                                    
health and  economic benefits of  the bill. He  thought that                                                                    
it  was important  to note  that  the bill  did not  prevent                                                                    
smoking,  but  rather pertained  to  the  location in  which                                                                    
individuals could  smoke. He had worked  in an establishment                                                                    
with smoking, but  had the education to leave  the venue. He                                                                    
made  the  point that  the  Occupational  Safety and  Health                                                                    
Administration   and   other  entities   already   regulated                                                                    
businesses.  He thought  that indoor  smoking  was a  public                                                                    
health issue.                                                                                                                   
                                                                                                                                
9:59:07 AM                                                                                                                    
                                                                                                                                
PETE HANSON,  ALASKA CHARR, ANCHORAGE  (via teleconference),                                                                    
testified in  opposition to the  bill. He stated  that local                                                                    
governments  in  the  state had  been  moving  towards  non-                                                                    
smoking. He suggested  that 90 percent of  Alaskans lived in                                                                    
areas where local governments had  the authority to regulate                                                                    
smoking.  He  stated that  many  communities  had chosen  to                                                                    
limit smoking,  and many had  chosen to continue  smoking in                                                                    
some  workplaces. He  thought there  were  many choices  for                                                                    
individuals who wished  to visit a non-smoking  bar, even in                                                                    
communities that had  not chosen to ban smoking  in bars. He                                                                    
thought there  were many choices  for bartenders  who wanted                                                                    
to  work in  a non-smoking  bar.  He pointed  out that  some                                                                    
workplaces that  currently allowed  smoking would  lose jobs                                                                    
if  indoor smoking  was banned.  He thought  the market  was                                                                    
doing a good job of  moving the industry toward non-smoking.                                                                    
He thought the issue would work itself out, if given time.                                                                      
                                                                                                                                
10:01:40 AM                                                                                                                   
                                                                                                                                
MABEL    WIMMER,    BUSINESS     OWNER,    GLENALLEN    (via                                                                    
teleconference), spoke  in support of the  bill. She relayed                                                                    
that she  was a restaurant  and bar owner, and  her business                                                                    
had  been smoke-free  for  15  years. She  had  not had  any                                                                    
business  problems.  She   discussed  her  adverse  personal                                                                    
experience working around secondhand  smoke. She pointed out                                                                    
that she was  a member of CHARR, and asserted  not all CHARR                                                                    
members wanted smoking  in bars. She did not  want to expose                                                                    
her patrons or employees to  something that could cause them                                                                    
harm.  She discussed  individuals who  suffered from  cancer                                                                    
and COPD after exposure to smoke.                                                                                               
                                                                                                                                
10:03:53 AM                                                                                                                   
                                                                                                                                
ALEX   MCDONALD,  SELF,   FAIRBANKS  (via   teleconference),                                                                    
testified  in opposition  to  the bill.  He  was a  business                                                                    
owner. He  stated that he  joined in  the effort to  try and                                                                    
reduce tobacco  use and related  illnesses in the  state. He                                                                    
referred to his  past testimony on previous  versions of the                                                                    
bill. He objected to the  inclusion of vapor products in the                                                                    
bill, which  he thought  was contrary to  policy suggestions                                                                    
from  experts   and  organizations  around  the   world.  He                                                                    
mentioned  the  unintended   consequence  of  forcing  vapor                                                                    
product  users to  be in  proximity to  smokers. He  alleged                                                                    
that to comply with the bill,  he would have to purchase and                                                                    
install  a ventilation  system costing  between $30,000  and                                                                    
$50,000.  He discussed  potential changes  he would  need to                                                                    
make to  his business as a  result of the bill.  He restated                                                                    
that he  was in  support of increased  health and  safe jobs                                                                    
for Alaskans.  He thought removing  the vapor  language from                                                                    
the bill would increase support  and save jobs. He wanted to                                                                    
keep  smokeless technology  available to  individuals trying                                                                    
to quit smoking.                                                                                                                
                                                                                                                                
Co-Chair  MacKinnon noted  that the  committee had  received                                                                    
Mr. McDonald's testimony in its entirety via email.                                                                             
                                                                                                                                
10:06:48 AM                                                                                                                   
                                                                                                                                
STEVEN  MAPES,  SMOKE  FREE ALTERNATIVE  TRADE  ASSOCIATION,                                                                    
KENAI (via  teleconference), testified in opposition  to the                                                                    
bill. He shared  concerns about the inclusion  of vaping and                                                                    
electronic  cigarettes   (e-cigarettes)  in  the   bill.  He                                                                    
asserted  that there  were  hundreds  of scientific  studies                                                                    
conducted over  the last  few years  proving that  vapor and                                                                    
tobacco  smoke  were not  the  same  thing. He  thought  the                                                                    
Occupational Safety and  Health Administration considered e-                                                                    
cigarette vapor to  be safe. He discussed  a requirement for                                                                    
air  scrubbers and  exterior doors,  which he  thought would                                                                    
force  some stores  to  close and  prevent  new stores  from                                                                    
opening. He stated that his  shop had helped 304 individuals                                                                    
cease use of cigarettes and  chewing tobacco in the previous                                                                    
14 months. He  thought the bill would result in  the loss of                                                                    
jobs.                                                                                                                           
                                                                                                                                
10:09:06 AM                                                                                                                   
                                                                                                                                
DAVID  NEES,  SELF,  ANCHORAGE (via  teleconference),  spoke                                                                    
against  the  legislation.  He  shared  concerns  about  the                                                                    
inclusion of  vaping products in  the bill. He  thought that                                                                    
there should  be nicotine testing for  children using public                                                                    
health  assistance. He  discussed the  use of  vaping as  it                                                                    
related to smoking cessation. He  thought that anything that                                                                    
prohibited  the  use  of  vaping  products  would  cause  an                                                                    
increase  in  smoking.  He   thought  the  committee  should                                                                    
consider  data  pertaining  to  the  costs  associated  with                                                                    
children being exposed to secondhand smoke at home.                                                                             
                                                                                                                                
10:12:25 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon CLOSED public  testimony. She shared that                                                                    
there was  departmental staff available to  answer questions                                                                    
about the bill.                                                                                                                 
                                                                                                                                
Senator Dunleavy had questions  for the sponsor. He referred                                                                    
to  testimony and  emails pertaining  to vaping  language in                                                                    
the bill. He asked Senator Micciche for clarification.                                                                          
                                                                                                                                
Senator Micciche referenced page 3  of the bill, starting on                                                                    
line 10:                                                                                                                        
                                                                                                                                
     (d) Notwithstanding (a) of this section, unless the                                                                        
     owner or operator prohibits it, smoking is allowed at                                                                      
     a retail tobacco or e-cigarette store that                                                                                 
           (1) is in a building that                                                                                            
               (A) is freestanding; or                                                                                          
               (B) if it is attached to another business,                                                                       
                    (i) has a separate entrance;                                                                                
                    (ii) has a ventilation system vented to                                                                     
                    an   area    where   smoking    is   not                                                                    
                    prohibited;                                                                                                 
                    (iii) the other business does not serve                                                                     
                    as a residence, child care facility,                                                                        
                    school, or health care facility; and                                                                        
                    (iv) smoking is limited to the use of                                                                       
                    an e-cigarette;                                                                                             
          (2) is not                                                                                                            
               (A)  a business that is licensed under AS                                                                        
               04.11 to serve alcoholic beverages at an                                                                         
               outdoor location;                                                                                                
               (B) a business that is licensed under AS                                                                         
               05.15 to sell pull-tabs; or                                                                                      
               (C)  a retail store that is within an indoor                                                                     
               public place or workplace.                                                                                       
                                                                                                                                
Senator Micciche stated that the  bill separated vaping from                                                                    
tobacco stores;  whereas the previous  version of  bill only                                                                    
allowed free-standing  tobacco stores,  and for  no attached                                                                    
tobacco stores  to allow smoking  indoors. The  current bill                                                                    
allowed for  attached vape shops to  continue smoking within                                                                    
the  building.  He  asserted that  he  understood  what  the                                                                    
stakeholders  were   saying  in  reference  to   the  vaping                                                                    
language,  and  believed  their  intentions  were  pure.  He                                                                    
communicated that employees should  not be forced the breath                                                                    
exhaled vapors.  He continued that  the bill  treated vaping                                                                    
establishments differently,  as smoking  was not  allowed in                                                                    
any place of business.                                                                                                          
                                                                                                                                
Senator Dunleavy  referred to testimony that  questioned the                                                                    
purpose of  a law that would  not be enforced. He  asked the                                                                    
sponsor to comment.                                                                                                             
                                                                                                                                
Senator Micciche referred to the  law in Anchorage, where he                                                                    
recalled that three  citations had been written in  the 7 to                                                                    
8  years  the  law  had  been  in  effect.  He  stated  that                                                                    
enforcement of  the law was  complaint-driven. The  bill did                                                                    
not provide for law  enforcement to patrol establishments to                                                                    
see  if  smoking occurred.  He  thought  that evidence  from                                                                    
Anchorage showed that  a light hand had  been effective; and                                                                    
if there was smoking happening  in areas where there were no                                                                    
complaints, there would be no enforcement action.                                                                               
                                                                                                                                
Senator   Dunleavy  asked   if  a   state  violation   could                                                                    
potentially be in addition to a local violation.                                                                                
                                                                                                                                
Senator  Micciche  deferred  the   question  to  the  Acting                                                                    
Director  for  the  Alaska  Alcohol  and  Marijuana  Control                                                                    
Office.                                                                                                                         
                                                                                                                                
10:17:13 AM                                                                                                                   
                                                                                                                                
SARA   CHAMBERS,  ACTING   DIRECTOR,   ALASKA  ALCOHOL   AND                                                                    
MARIJUANA CONTROL  OFFICE, JUNEAU,  interpreted that  if the                                                                    
violation was only about state  law, there was a restriction                                                                    
to  one violation.  She thought  there  could be  additional                                                                    
violations  relating  to  other   topics  (such  as  smoking                                                                    
marijuana  in  a  non-designated location)  which  could  be                                                                    
incurred by the act of smoking.                                                                                                 
                                                                                                                                
Co-Chair MacKinnon asked Senator  Micciche to follow up with                                                                    
the  Department   of  Law  and   local  government   to  get                                                                    
additional information on the subject.                                                                                          
                                                                                                                                
Senator   Dunleavy  relayed   that   his  constituents   had                                                                    
questioned having  a statewide  position of law  rather than                                                                    
giving municipalities health powers.                                                                                            
                                                                                                                                
Ms.  Chambers did  not  feel the  question  fell within  her                                                                    
jurisdiction.                                                                                                                   
                                                                                                                                
Senator  Micciche understood  that  Title 29  did not  allow                                                                    
health  powers.  He  felt  strongly  about  the  impacts  of                                                                    
exposures to Alaskan employees that  he chose to sponsor the                                                                    
bill  as written.  He thought  that if  there was  a way  to                                                                    
amend Title 29, the same end could be accomplished.                                                                             
                                                                                                                                
Senator  Dunleavy asked  about the  workplace exemptions  in                                                                    
the  bill,  such  as  fishing  vessels.  He  asked  about  a                                                                    
hypothetical  home business  in  a  stand-alone building  in                                                                    
which the owners smoked.                                                                                                        
                                                                                                                                
Senator Micciche deferred the question to staff.                                                                                
                                                                                                                                
Senator Dunleavy repeated the question.                                                                                         
                                                                                                                                
10:22:11 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:23:17 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Senator Dunleavy understood that  Senator Micciche would get                                                                    
back to the committee with an answer to the question.                                                                           
                                                                                                                                
Senator Dunleavy asked  if there were any  exceptions in the                                                                    
bill to a workplace in which all workers smoked.                                                                                
                                                                                                                                
Senator  Micciche answered  in the  negative. He  thought it                                                                    
would  be  easy for  a  business  owner  to claim  that  all                                                                    
employees smoked.  He had heard  from many  employees across                                                                    
the  state in  every  district. He  affirmed  that he  would                                                                    
check  on  the  earlier  question pertaining  to  a  private                                                                    
business that did not serve the public.                                                                                         
                                                                                                                                
Co-Chair  MacKinnon  pointed  out  a  section  of  the  bill                                                                    
starting page 4, line 3:                                                                                                        
                                                                                                                                
     (f)  Notwithstanding (b) of this section, unless the                                                                       
    owner or operator prohibits it, smoking is allowed                                                                          
          (1)  in a vehicle that is a place of employment                                                                       
          when the vehicle is used exclusively by one                                                                           
          person;                                                                                                               
          (2)  on a vessel when the vessel is engaged in                                                                        
          commercial fishing or sport charter fishing.                                                                          
                                                                                                                                
Senator  Dunleavy asked  the sponsor  to review  why fishing                                                                    
vessels were an exception within the bill.                                                                                      
                                                                                                                                
Senator  Micciche   reiterated  that  the  bill   was  about                                                                    
employee  safety.   He  thought   it  was  counter   to  the                                                                    
objectives  of the  bill to  force  fishers out  on deck  in                                                                    
rough seas to smoke a cigarette.                                                                                                
                                                                                                                                
10:26:15 AM                                                                                                                   
                                                                                                                                
Senator Dunleavy  referred to page  2, line 14 of  the bill;                                                                    
pertaining to multi-family homes  and apartments that shared                                                                    
common living  space. He wondered  if there was there  a way                                                                    
to  designate  a communal  area  as  smoking or  non-smoking                                                                    
predicated on the wishes of the residents.                                                                                      
                                                                                                                                
Senator Micciche answered in the  negative, and relayed that                                                                    
the matter  was a  common complaint.  He furthered  that the                                                                    
only responsibility  of the property  owner was  the posting                                                                    
of the non-smoking signs. He  stated that it was possible to                                                                    
provide a stand-alone shelter outside of the building.                                                                          
                                                                                                                                
Senator  Dunleavy  referred  to  a survey  in  the  member's                                                                    
packet  and asked  how much  stock  the sponsor  put in  the                                                                    
document.                                                                                                                       
                                                                                                                                
Senator  Micciche thought  the survey  was significant,  and                                                                    
stated  that  it was  a  Dittman  survey conducted  for  the                                                                    
American  Cancer Society  (copy on  file). He  mentioned the                                                                    
100's   of  businesses   around  the   state,  all   of  the                                                                    
municipalities,  and  many  individuals that  supported  the                                                                    
bill.  He could  not think  of  another bill  with the  same                                                                    
level  of  support. He  discussed  the  regulation of  other                                                                    
activities  that  had  lower public  health  exposures  than                                                                    
secondhand smoke.                                                                                                               
                                                                                                                                
Senator  Dunleavy agreed  that there  were many  things that                                                                    
were regulated.                                                                                                                 
                                                                                                                                
10:29:41 AM                                                                                                                   
                                                                                                                                
Senator  Olson  asked  about the  perspective  of  a  health                                                                    
professional. He  referred to the  harm done to  smokers and                                                                    
those  exposed to  secondhand  smoke.  He discussed  smoking                                                                    
cessation  and  vaping.  He asked  if  the  bill  adequately                                                                    
balanced  the regulations  so  that  individuals exposed  to                                                                    
vaping were adequately protected.                                                                                               
                                                                                                                                
Dr.  Butler stated  that he  considered benefit  versus risk                                                                    
when  reviewing  a  health   intervention  as  a  healthcare                                                                    
provider. He  agreed with  previous testimony  that asserted                                                                    
cigarette smoke  was not the  same as aerosol from  a vaping                                                                    
device.  He thought  there  was a  great  deal of  anecdotal                                                                    
information  that  suggested  e-cigarettes were  helpful  in                                                                    
smoking cessation.  He referenced  data that showed  in past                                                                    
years 80 percent  of people who used  e-cigarettes also used                                                                    
combustible tobacco;  although the  number had  declined. He                                                                    
thought  the  decline suggested  that  there  would be  some                                                                    
success  in quitting  combustible  tobacco  by using  vaping                                                                    
devices.                                                                                                                        
                                                                                                                                
Dr. Butler  continued to  address Senator  Olson's question.                                                                    
He  shared that  had quit  smoking after  the first  time he                                                                    
observed  a  coronary  bypass  surgery.   He  spoke  to  the                                                                    
addictive nature  of nicotine. He referred  to testimony the                                                                    
previous  year that  nicotine was  completely non-addictive,                                                                    
but  was unsure  where  the information  had originated.  He                                                                    
stated  that it  was known  that  nicotine had  a number  of                                                                    
actions  within  the brain,  and  early  exposure seemed  to                                                                    
influence further  brain development  and increased  risk of                                                                    
having difficulties with nicotine cessation later in life.                                                                      
                                                                                                                                
10:33:33 AM                                                                                                                   
                                                                                                                                
Dr. Butler  relayed that the  surgeon general  had addressed                                                                    
the risk of e-cigarettes, as  it related to youth uptake. He                                                                    
thought  that in  Alaska (as  well as  nationally) the  most                                                                    
common type of tobacco use  among teens was e-cigarettes. He                                                                    
appreciated the  efforts of the  industry to avoid  sales to                                                                    
youth,  but   noted  that  youth  were   clearly  using  the                                                                    
products. He  was uncertain about  the claims that  the bill                                                                    
would ruin the  industry, as the suggestion in  the bill was                                                                    
not more complicated  than taking the product  outside so it                                                                    
was not  used around people who  did not wish to  be exposed                                                                    
to vaping aerosols.                                                                                                             
                                                                                                                                
Senator  Olson surmised  that Dr.  Butler  thought that  the                                                                    
bill adequately  addressed the  topic of  individuals trying                                                                    
to  stop   smoking  cigarettes  with  vaping,   as  well  as                                                                    
protecting the public.                                                                                                          
                                                                                                                                
Dr. Butler answered in the affirmative.                                                                                         
                                                                                                                                
10:35:01 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon RE-OPENED public testimony.                                                                                  
                                                                                                                                
TERRI  CROWSON, SELF,  DELTA JUNCTION  (via teleconference),                                                                    
testified in support of the  bill. She emphasized that there                                                                    
were physical, mental, and fiscal  impacts of smoking in the                                                                    
workplace.  She   thought  the  legislation  would   make  a                                                                    
difference  for many  people. She  discussed lack  of choice                                                                    
and living  in a small  community. She discussed  the health                                                                    
of  employees  in  the  smoking  workplace.  She  urged  the                                                                    
committee to pass the bill.                                                                                                     
                                                                                                                                
Senator  Micciche considered  that  vaping  was better  than                                                                    
tobacco use, and  mused that vaping was in  the bill because                                                                    
of concern  over breathing exhalations  of others  that used                                                                    
e-cigarettes. He wondered about  other substances that could                                                                    
be  consumed in  an  e-cigarette or  vaping  device. He  had                                                                    
reviewed  materials provided  by  supporters  of vaping.  He                                                                    
discussed the concept of liberty.                                                                                               
                                                                                                                                
Dr. Butler affirmed that other  substances could be consumed                                                                    
with a vaping device working  as an active delivery tool. He                                                                    
referred   to   an   outbreak  of   "spice"   (a   synthetic                                                                    
cannabinoid) the previous  year, at which time  it was found                                                                    
that  there were  products erroneously  labelled as  car air                                                                    
freshener  that were  being vaped.  The  substance had  been                                                                    
found  to contain  the same  mix  of synthetic  cannabinoids                                                                    
that   were  in   some   herbal   products  recovered   from                                                                    
individuals  that had  been hospitalized.  He stressed  that                                                                    
the  cases  he  mentioned   were  primary  use  rather  than                                                                    
secondhand exposure.                                                                                                            
                                                                                                                                
10:39:50 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:40:34 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair MacKinnon  asked for  committee members  to provide                                                                    
proposed amendments to her office  by Wednesday at 5:00 p.m.                                                                    
She  informed  that she  would  be  working on  a  committee                                                                    
substitute to address issues and  questions that were raised                                                                    
in the meeting.                                                                                                                 
                                                                                                                                
Vice-Chair Bishop  discussed the fiscal notes.  He addressed                                                                    
FN1  from  the  Department   of  Transportation  and  Public                                                                    
Facilities (DOT), which  replaced a previous note  and was a                                                                    
zero fiscal  note. He relayed  that DOT had  considered that                                                                    
additional signage was not needed to comply with the bill.                                                                      
                                                                                                                                
Co-Chair MacKinnon believed that  the department was able to                                                                    
keep its existing signs.                                                                                                        
                                                                                                                                
Vice-Chair   Bishop  addressed   FN2   from  Department   of                                                                    
Environmental Conservation  (DEC), which  was a  zero fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
Vice-Chair Bishop  addressed FN3, from Department  of Health                                                                    
and  Social Services  (DHSS). He  read  from the  'Analysis'                                                                    
section on page 2 of the fiscal note:                                                                                           
                                                                                                                                
     This bill  amends AS  18.35, Public  Accommodations and                                                                    
     Facilities,  by   adding  Article  4,   Prohibition  of                                                                    
     Smoking  in Certain  Places, and  repealing Article  3,                                                                    
     Regulation  of   Smoking  in  Public   Facilities.  The                                                                    
     Department of  Environmental Conservation  is currently                                                                    
     responsible  for enforcement  of Article  3 of  Chapter                                                                    
     18.35,  Regulation  of  Smoking in  Public  Facilities.                                                                    
     Under this bill, the Commissioner  of Health and Social                                                                    
     Services would  be responsible for  ensuring compliance                                                                    
     and providing signage and  education regarding the law,                                                                    
     in combination with  the existing comprehensive smoking                                                                    
     education, tobacco use  prevention, and tobacco control                                                                    
     program-currently  provided   by  the   department  (AS                                                                    
     44.29.020(a)(14), Duties of the Department).                                                                               
                                                                                                                                
Vice-Chair  Bishop  discussed  FN4 from  the  Department  of                                                                    
Public Safety, which  was a zero fiscal note.  He noted that                                                                    
the  bill  allowed peace  officers  to  issue citations  for                                                                    
violations related to smoking.                                                                                                  
                                                                                                                                
Vice-Chair  Bishop  addressed  FN5 from  the  Department  of                                                                    
Commerce, Community  and Economic  Development, which  was a                                                                    
zero fiscal  note. He read  from the analysis on  the second                                                                    
page of the fiscal note:                                                                                                        
                                                                                                                                
     The  Alcohol  and  Marijuana Control  Office  does  not                                                                    
     anticipate  fiscal impact  from  this legislation.  Any                                                                    
     regulations  required of  the  Marijuana Control  Board                                                                    
    will be included in existing regulations projects.                                                                          
                                                                                                                                
Senator  Dunleavy   asked  about   the  likelihood   of  the                                                                    
administration  returning with  the  following  year with  a                                                                    
supplemental request to make up  for any perceived shortfall                                                                    
from the zero fiscal notes.                                                                                                     
                                                                                                                                
Co-Chair MacKinnon  informed that  the committee  had worked                                                                    
with the  department to determine  that current  signage was                                                                    
appropriate.                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon restated that  amendments were due to her                                                                    
office Wednesday, March 15th, 2017.                                                                                             
                                                                                                                                
Co-Chair MacKinnon  discussed the  agenda for  the following                                                                    
day.                                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SB 63 Silas Testimony.pdf SFIN 3/13/2017 9:00:00 AM
SB 63
SB63 Sectional Analysis.pdf SFIN 3/13/2017 9:00:00 AM
SB 63
SB63 Sponsor Statement.pdf SFIN 3/13/2017 9:00:00 AM
SB 63
SB63 Support Letters.pdf SFIN 3/13/2017 9:00:00 AM
SB 63
SB63 Supporting Documents.pdf SFIN 3/13/2017 9:00:00 AM
SB 63
SB 63 McDonald Testimony 2017.03.14 w backup.pdf SFIN 3/13/2017 9:00:00 AM
SB 63
SB 63 McDonald Testimony 2017.03.14.pdf SFIN 3/13/2017 9:00:00 AM
SB 63