Legislature(2017 - 2018)BUTROVICH 205

04/10/2018 05:00 PM RULES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change --
+ SB 14 TRANSPORTATION NETWORK COMPANIES TELECONFERENCED
Moved HCS CSSB 14(RLS) Out of Committee
+= SB 63 REGULATION OF SMOKING TELECONFERENCED
Moved HCS CSSB 63(RLS) Out of Committee
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
                 HOUSE RULES STANDING COMMITTEE                                                                               
                         April 10, 2018                                                                                         
                           5:15 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Matt Claman, Vice Chair                                                                                          
Representative Sam Kito                                                                                                         
Representative Louise Stutes                                                                                                    
Representative Mike Chenault                                                                                                    
Representative David Eastman                                                                                                    
Representative Lora Reinbold                                                                                                    
Representative Charisse Millett (alternate)                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Chris Tuck (alternate)                                                                                           
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Justin Parish                                                                                                    
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Scott Kawasaki                                                                                                   
Representative Gary Knopp                                                                                                       
Representative George Rauscher                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 14(FIN) AM                                                                                               
"An Act relating to transportation network companies and                                                                        
transportation network company drivers; and providing for an                                                                    
effective date."                                                                                                                
                                                                                                                                
     - MOVED HCS CSSB 14(RLS) OUT OF COMMITTEE                                                                                  
                                                                                                                                
CS FOR SENATE BILL NO. 63(FIN)                                                                                                  
"An Act prohibiting smoking in certain places; relating to                                                                      
education on the smoking prohibition; and providing for an                                                                      
effective date."                                                                                                                
                                                                                                                                
     - MOVED HCS CSSB 63(RLS) OUT OF COMMITTEE                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  14                                                                                                                  
SHORT TITLE: TRANSPORTATION NETWORK COMPANIES                                                                                   
SPONSOR(s): SENATOR(s) COSTELLO                                                                                                 
                                                                                                                                
01/18/17       (S)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (S)       L&C, FIN                                                                                               
02/02/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/02/17       (S)       Heard & Held                                                                                           
02/02/17       (S)       MINUTE(L&C)                                                                                            
02/09/17       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/09/17       (S)       Moved CSSB 14(L&C) Out of Committee                                                                    
02/09/17       (S)       MINUTE(L&C)                                                                                            
02/10/17       (S)       L&C RPT CS 2DP 3NR   SAME TITLE                                                                        
02/10/17       (S)       DP: COSTELLO, HUGHES                                                                                   
02/10/17       (S)       NR: MEYER, STEVENS, GARDNER                                                                            
02/13/17       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/13/17       (S)       Heard & Held                                                                                           
02/13/17       (S)       MINUTE(FIN)                                                                                            
02/15/17       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/15/17       (S)       Heard & Held                                                                                           
02/15/17       (S)       MINUTE(FIN)                                                                                            
03/02/17       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/02/17       (S)       <Above Item Removed from Agenda>                                                                       
03/02/17       (S)       MINUTE(FIN)                                                                                            
03/06/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/06/17       (H)       <Bill Hearing Canceled>                                                                                
03/07/17       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/07/17       (S)       Moved CSSB 14(FIN) Out of Committee                                                                    
03/07/17       (S)       MINUTE(FIN)                                                                                            
03/08/17       (S)       FIN RPT CS 1DP 6NR    NEW TITLE                                                                        
03/08/17       (S)       DP: MACKINNON                                                                                          
03/08/17       (S)       NR:   HOFFMAN,    BISHOP,   VON   IMHOF,                                                               
                         DUNLEAVY, OLSON, MICCICHE                                                                              
03/10/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/10/17       (H)       <Bill Hearing Canceled>                                                                                
03/23/17       (S)       TRANSMITTED TO (H)                                                                                     
03/23/17       (S)       VERSION: CSSB 14(FIN) AM                                                                               
03/24/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/24/17       (H)       L&C                                                                                                    
03/31/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/31/17       (H)       Moved HCS CSSB 14(L&C) Out of Committee                                                                
03/31/17       (H)       MINUTE(L&C)                                                                                            
04/03/17       (H)       L&C RPT HCS(L&C) 4DP 2AM                                                                               
04/03/17       (H)       DP: SULLIVAN-LEONARD, WOOL, BIRCH, KITO                                                                
04/03/17       (H)       AM: JOSEPHSON, KNOPP                                                                                   
04/03/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/03/17       (H)       <Bill Hearing Canceled>                                                                                
04/09/18       (H)       RLS WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23(A) UC                                                                                               
04/10/18       (H)       RLS AT 5:00 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  63                                                                                                                  
SHORT TITLE: REGULATION OF SMOKING                                                                                              
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
                                                                                                                                
02/17/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/17/17       (S)       HSS, FIN                                                                                               
03/01/17       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/01/17       (S)       Moved SB 63 Out of Committee                                                                           
03/01/17       (S)       MINUTE(HSS)                                                                                            
03/03/17       (S)       HSS RPT  5DP                                                                                           
03/03/17       (S)       DP: WILSON, BEGICH, VON IMHOF, GIESSEL,                                                                
                         MICCICHE                                                                                               
03/13/17       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/13/17       (S)       Heard & Held                                                                                           
03/13/17       (S)       MINUTE(FIN)                                                                                            
03/20/17       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/20/17       (S)       Moved CSSB 63(FIN) Out of Committee                                                                    
03/20/17       (S)       MINUTE(FIN)                                                                                            
03/21/17       (S)       FIN RPT CS  6DP 1NR    SAME TITLE                                                                      
03/21/17       (S)       DP: HOFFMAN, MACKINNON, BISHOP, VON                                                                    
                         IMHOF, OLSON, MICCICHE                                                                                 
03/21/17       (S)       NR: DUNLEAVY                                                                                           
03/27/17       (S)       TRANSMITTED TO (H)                                                                                     
03/27/17       (S)       VERSION: CSSB 63(FIN)                                                                                  
03/29/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/17       (H)       CRA, JUD                                                                                               
04/13/17       (H)       CRA AT 8:00 AM BARNES 124                                                                              
04/13/17       (H)       Heard & Held                                                                                           
04/13/17       (H)       MINUTE(CRA)                                                                                            
04/18/17       (H)       CRA AT 8:00 AM BARNES 124                                                                              
04/18/17       (H)       Heard & Held                                                                                           
04/18/17       (H)       MINUTE(CRA)                                                                                            
04/25/17       (H)       CRA AT 8:00 AM BARNES 124                                                                              
04/25/17       (H)       Heard & Held                                                                                           
04/25/17       (H)       MINUTE(CRA)                                                                                            
04/27/17       (H)       CRA AT 8:00 AM BARNES 124                                                                              
04/27/17       (H)       Moved HCS CSSB 63(CRA) Out of Committee                                                                
04/27/17       (H)       MINUTE(CRA)                                                                                            
04/28/17       (H)       CRA RPT HCS(CRA) 3DP 3NR 1AM                                                                           
04/28/17       (H)       DP: TALERICO, DRUMMOND, PARISH                                                                         
04/28/17       (H)       NR: WESTLAKE, SADDLER, RAUSCHER                                                                        
04/28/17       (H)       AM: FANSLER                                                                                            
01/22/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/22/18       (H)       Heard & Held                                                                                           
01/22/18       (H)       MINUTE(JUD)                                                                                            
01/24/18       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/24/18       (H)       Moved HCS CSSB 63(JUD) Out of Committee                                                                
01/24/18       (H)       MINUTE(JUD)                                                                                            
01/26/18       (H)       JUD RPT HCS(JUD) 4DP 1NR 2AM                                                                           
01/26/18       (H)       DP:   KOPP,   KREISS-TOMKINS,   FANSLER,                                                               
                         CLAMAN                                                                                                 
01/26/18       (H)       NR: REINBOLD                                                                                           
01/26/18       (H)       AM: EASTMAN, LEDOUX                                                                                    
01/29/18       (H)       RLS AT 6:15 PM CAPITOL 106                                                                             
01/30/18       (H)       RLS AT 0:00 AM CAPITOL 106                                                                             
01/30/18       (H)       -- Rescheduled to 02/01/18 --                                                                          
02/01/18       (H)       RLS AT 0:00 AM CAPITOL 106                                                                             
02/01/18       (H)       -- Rescheduled to 02/5/18 --                                                                           
02/05/18       (H)       RLS AT 0:00 AM CAPITOL 106                                                                             
02/05/18       (H)       -- MEETING CANCELED --                                                                                 
04/09/18       (H)       RLS WAIVED  PUBLIC HEARING  NOTICE, RULE                                                               
                         23(A)                                                                                                  
04/10/18       (H)       RLS AT 5:00 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
COURTNEY ENRIGHT, Staff                                                                                                         
Representative Gabrielle LeDoux                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Explained  the change  proposed under  the                                                             
proposed House  committee substitute  (HCS) for CSSB  14, Version                                                               
30-LS0250\P, Wallace, 4/4/18.                                                                                                   
                                                                                                                                
COURTNEY ENRIGHT, Staff                                                                                                         
Representative Gabrielle LeDoux                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Explained the  changes proposed  under the                                                             
proposed House  committee substitute  (HCS) for CSSB  63, Version                                                               
30-LS0024\L, Martin, 4/9/18.                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
5:15:08 PM                                                                                                                    
                                                                                                                                
CHAIR GABRIELLE LEDOUX called the  House Rules Standing Committee                                                             
meeting  to   order  at  5:15  p.m.     Representatives  Eastman,                                                               
Reinbold,  Stutes,  Claman,  Kito,   Chenault,  and  LeDoux  were                                                               
present   at  the   call  to   order.     Representative  Millett                                                               
(alternate)  was  present  in  the   room.    Also  present  were                                                               
Representatives  Parish,  Kreiss-Tomkins,  Kawasaki,  Knopp,  and                                                               
Rauscher.                                                                                                                       
                                                                                                                                
            SB  14-TRANSPORTATION NETWORK COMPANIES                                                                         
                                                                                                                                
5:16:12 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that the  first order of business would be                                                               
CS  FOR  SENATE  BILL  NO.   14(FIN)  am,  "An  Act  relating  to                                                               
transportation  network  companies   and  transportation  network                                                               
company drivers; and  providing for an effective  date."  [Before                                                               
the committee was HCS CSSB 14(L&C).]                                                                                            
                                                                                                                                
5:16:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN   moved  to   adopt  the   proposed  House                                                               
committee  substitute (HCS)  for  CSSB  14, Version  30-LS0250\P,                                                               
Wallace, 4/4/18, as a working document.                                                                                         
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
REPRESENTATIVE KITO objected.                                                                                                   
                                                                                                                                
5:16:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  spoke to  his  objection.   He  said  he                                                               
thought  "the bill  accomplished what  I wanted  it to  last year                                                               
when we passed it" and he does not want to change it.                                                                           
                                                                                                                                
5:16:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO spoke  to his objection.  He said  he had not                                                               
heard about the proposed change  until yesterday and had not seen                                                               
Version  P  until  today.   He  echoed  Representative  Eastman's                                                               
appreciation of  the work  that had  been done  on the  bill last                                                               
year [in  the House Labor  and Commerce Standing  Committee] when                                                               
the  issue  of sales  tax  applicability  had  been vetted.    He                                                               
indicated that  the issue is  whether or not the  legislature may                                                               
need to provide more provisions  for municipalities to be able to                                                               
implement  or collect  sales tax  through transportation  network                                                               
companies (TNCs).  He expressed  concern that this topic is being                                                               
brought  up in  the last  week  of legislative  session when  the                                                               
issue could have  been discussed over the last three  months.  He                                                               
further  expressed  concern that  there  would  be little  public                                                               
involvement regarding the change  proposed [under Version P], and                                                               
he  opined this  change should  go through  the full  legislative                                                               
process.                                                                                                                        
                                                                                                                                
5:18:06 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Claman,  Stutes,                                                               
Chenault, Reinbold,  and LeDoux voted  in favor of the  motion to                                                               
adopt  the  proposed  HCS  for   CSSB  14,  Version  30-LS0250\P,                                                               
Wallace,  4/4/18, as  a working  document.   Representatives Kito                                                               
and  Eastman voted  against it.   Therefore,  by a  vote of  5-2,                                                               
Version P was before the committee as a working document.                                                                       
                                                                                                                                
5:18:50 PM                                                                                                                    
                                                                                                                                
COURTNEY ENRIGHT, Staff,  Representative Gabrielle LeDoux, Alaska                                                               
State Legislature, explained the  change proposed under Version P                                                               
is a technical  one that would allow  [municipalities to require]                                                               
TNCs to  collect [and  pay] a  municipal sales  tax on  behalf of                                                               
their drivers.                                                                                                                  
                                                                                                                                
5:19:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO  requested the committee hear  testimony from                                                               
representatives of TNCs.                                                                                                        
                                                                                                                                
CHAIR  LEDOUX informed  Representative  Kito  that the  committee                                                               
would not be hearing invited testimony.                                                                                         
                                                                                                                                
5:19:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT asked  if  municipalities  in Juneau  or                                                               
other places in the state collect sales tax on cab fares.                                                                       
                                                                                                                                
5:19:56 PM                                                                                                                    
                                                                                                                                
MS. ENRIGHT offered her understanding that is correct.                                                                          
                                                                                                                                
5:20:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO  expressed concern about making  the proposed                                                               
change  without hearing  from people  on the  record saying  that                                                               
"this is something that they really want."                                                                                      
                                                                                                                                
CHAIR LEDOUX  indicated there  are two  letters in  the committee                                                               
packet -  one from  the City  & Borough of  Juneau (CBJ)  and one                                                               
from the Alaska  Municipal League - "supporting this  bill in its                                                               
current form."                                                                                                                  
                                                                                                                                
REPRESENTATIVE KITO  noted that as  chair of the House  Labor and                                                               
Commerce  Standing Committee,  he  provides  the opportunity  for                                                               
invited testimony,  and he requested the  opportunity be provided                                                               
by the House Rules Standing Committee.                                                                                          
                                                                                                                                
CHAIR LEDOUX  reiterated there would  be no invited  testimony on                                                               
SB 14.                                                                                                                          
                                                                                                                                
REPRESENTATIVE KITO asked for public testimony to be offered.                                                                   
                                                                                                                                
CHAIR LEDOUX responded there would be no public testimony today.                                                                
                                                                                                                                
REPRESENTATIVE  KITO   posited  therefore  that  there   was  not                                                               
adequate feedback to support [Version P].                                                                                       
                                                                                                                                
5:21:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked if Version  P would affect the types                                                               
of taxes that  could be collected.  He  offered his understanding                                                               
that currently  the only  type of situation  that would  create a                                                               
tax is  when a fare originates  within a municipality.   He asked                                                               
if that would remain the same under Version P.                                                                                  
                                                                                                                                
MS.  ENRIGHT answered  that she  does  not know  what is  allowed                                                               
currently in  terms of  generating taxes;  however, she  said she                                                               
does  know  that  "nothing  in this  bill  changes  the  existing                                                               
requirements."                                                                                                                  
                                                                                                                                
REPRESENTATIVE  KITO  acknowledged  that  Juneau is  one  of  the                                                               
communities  he represents,  and  he  said he  had  not seen  the                                                               
aforementioned  letter from  CBJ  until  receiving the  committee                                                               
packet.   He stated for the  record that CBJ did  not contact him                                                               
prior to the meeting to discuss the issue with him.                                                                             
                                                                                                                                
5:23:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN   expressed   that  his   district   had                                                               
significant transportation  issues and  was hopeful  that passage                                                               
of the  proposed legislation  would "permit  people to  travel in                                                               
ways that they otherwise wouldn't be  able to."  He said he would                                                               
be opposing [Version  P] because it would only  serve to decrease                                                               
transportation opportunities for his constituents.                                                                              
                                                                                                                                
5:23:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  moved to report  HCS CSSB 14,  Version 30-                                                               
LS0250\P,  Wallace,  4/4/18,  out of  committee  with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
REPRESENTATIVE KITO objected.                                                                                                   
                                                                                                                                
5:23:57 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Reinbold, Claman,                                                               
Stutes,  Chenault, and  LeDoux voted  in favor  of the  motion to                                                               
report HCS CSSB 14, Version  30-LS0250\P, Wallace, 4/4/18, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   Representatives Kito  and Eastman  voted against                                                               
it.   Therefore, HCS CSSB 64(RLS)  was reported out of  the House                                                               
Rules Standing Committee by a vote of 5-2.                                                                                      
                                                                                                                                
5:24:28 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 5:24 p.m. to 5:27 p.m.                                                                       
                                                                                                                                
                  SB  63-REGULATION OF SMOKING                                                                              
                                                                                                                                
5:27:45 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced that the  final order of business would be                                                               
CS FOR  SENATE BILL NO.  63(FIN), "An Act prohibiting  smoking in                                                               
certain   places;   relating   to  education   on   the   smoking                                                               
prohibition; and providing  for an effective date."   [Before the                                                               
committee was HCS CSSB 63(JUD).]                                                                                                
                                                                                                                                
5:28:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN   moved  to   adopt  the   proposed  House                                                               
committee  substitute (HCS)  for  CSSB  63, Version  30-LS0024\L,                                                               
Martin, 4/9/18, as a working document.                                                                                          
                                                                                                                                
REPRESENTATIVE KITO objected.                                                                                                   
                                                                                                                                
5:28:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KITO  stated   concern  about   the  "opt   out"                                                               
provision,  the  removal  of vaping  and  e-cigarettes,  and  the                                                               
removal  of marijuana  regulation.   He  said  these issues  were                                                               
discussed in  other committees, agreements  were made,  and there                                                               
was enough support for "the bill  as it sits on the House floor."                                                               
He  stated he  does not  appreciate the  changes under  Version L                                                               
being proposed at this late date.                                                                                               
                                                                                                                                
5:29:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD echoed Representative Kito's comments.                                                                  
                                                                                                                                
5:29:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT spoke  about committee  process, and  he                                                               
stated that while  he may not agree with the  proposed version of                                                               
the bill, there  is nothing wrong with the process  that was used                                                               
to create it.                                                                                                                   
                                                                                                                                
5:30:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said, "I  lost count  awhile back  of how                                                               
many constituents  were asking for  some of these  exact changes,                                                               
so, I'm glad that we're discussing them tonight."                                                                               
                                                                                                                                
5:30:28 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Eastman, Claman,                                                               
Stutes,  Chenault, and  LeDoux voted  in favor  of the  motion to                                                               
adopt the proposed HCS for  CSSB 63, Version 30-LS0024\L, Martin,                                                               
4/9/18,  as a  working  document.   Representatives Reinbold  and                                                               
Kito voted  against it.  Therefore,  by a vote of  5-2, Version L                                                               
was before the committee as a working document.                                                                                 
                                                                                                                                
5:31:02 PM                                                                                                                    
                                                                                                                                
COURTNEY ENRIGHT, Staff,  Representative Gabrielle LeDoux, Alaska                                                               
State Legislature,  explained Version L offers  three substantive                                                               
changes.   It would:  allow  municipalities to opt out  and allow                                                               
established villages  to go through  a process to petition  for a                                                               
self-regulation  and  opt-out  provision; remove  vaping  and  e-                                                               
cigarettes from regulation under SB  63; and remove regulation of                                                               
marijuana from the purview of the smoke-free workplace bill.                                                                    
                                                                                                                                
5:31:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT  observed  there   was  no  fiscal  note                                                               
accompanying the proposed legislation.                                                                                          
                                                                                                                                
MS. ENRIGHT  responded, "I believe  the department is  working on                                                               
an updated  fiscal note, perhaps for  the Rules' CS, but  I don't                                                               
have any reason  to believe that these  changes would necessarily                                                               
add a fiscal cost.  I don't know."                                                                                              
                                                                                                                                
REPRESENTATIVE CHENAULT  said he  had been told  that.   He noted                                                               
that someone  had written a  letter of concern  to him.   He said                                                               
[Senator Micciche],  prime sponsor, had  told him that  the state                                                               
would not have  to provide signs.  Conversely,  he cited language                                                               
on page 6, line 9, which read as follows:                                                                                       
                                                                                                                                
          (c)  The department  shall furnish  signs required                                                                    
     under this section  to a person who  requests them with                                                                    
     the intention of displaying them.                                                                                          
                                                                                                                                
REPRESENTATIVE CHENAULT said  he does not know what  that cost is                                                               
but had heard it  could be as high as $20,000.   He said he would                                                               
like to know how much the State of Alaska would have to pay.                                                                    
                                                                                                                                
5:33:31 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX indicated that  she shares Representative Chenault's                                                               
concerns, which were  discussed at length in  the House Judiciary                                                               
Standing Committee.  She said the  bill sponsor has said the bill                                                               
has such  a light  enforcement footprint that  it would  not cost                                                               
the state  anything.   She said she  has many  concerns regarding                                                               
the  proposed legislation  and is  extending an  olive branch  by                                                               
proposing  Version  L   so  that  a  "reasonable   form"  of  the                                                               
legislation can make it to the House floor.                                                                                     
                                                                                                                                
5:34:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD   asked  for  confirmation   that  under                                                               
Version  L,  vaping  and  marijuana   would  be  allowed  in  the                                                               
workplace and opt-outs would gut the bill.                                                                                      
                                                                                                                                
5:34:42 PM                                                                                                                    
                                                                                                                                
MS. ENRIGHT said  she would not speak to the  third part, because                                                               
she said that is a policy  call for the committee.  She continued                                                               
as follows:                                                                                                                     
                                                                                                                                
     But I will  say that this doesn't  speak necessarily to                                                                    
     every  work place;  it says  that vaping  and marijuana                                                                    
     usage are not going to be  regulated under SB 63, as it                                                                    
     is currently.   There may be other  provisions in other                                                                    
     parts of law that can speak  to those issues.  In fact,                                                                    
     I know that there are  pieces of legislation before the                                                                    
     body  that address  that, but  that is  what this  bill                                                                    
     does:  it removes vaping and it removes marijuana from                                                                     
     the purview of this legislation.                                                                                           
                                                                                                                                
5:35:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT  proffered  that  there  are  a  lot  of                                                               
reasons someone  cannot have a tobacco  shop next to a  mall, for                                                               
example,  if  the ventilation  system  is  shared.   He  posed  a                                                               
scenario  where "a  marijuana place"  and "a  tobacco place"  are                                                               
next to each  other, and he said, "I don't  know what regulations                                                               
apply to that."                                                                                                                 
                                                                                                                                
CHAIR LEDOUX responded,  "Well, I guess we have  a [Department of                                                               
Environmental Conservation] (DEC) that might come up for some."                                                                 
                                                                                                                                
5:36:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  noted  that there  had  been  discussions                                                               
about an  opt-in clause,  which would  have required  anybody who                                                               
wanted  to have  a smoke-free  workplace to  opt in,  which would                                                               
require each municipality  to vote to participate.   He clarified                                                               
that the  opt-out clause means  the provision would  be statewide                                                               
except for  those municipalities that vote  to opt out.   He said                                                               
he doesn't think it would gut the bill.                                                                                         
                                                                                                                                
5:37:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  ask if the  opting out would have  to be                                                               
done via election or formal voting process.                                                                                     
                                                                                                                                
REPRESENTATIVE CLAMAN answered yes.                                                                                             
5:37:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 1,  labeled 30-                                                               
LS0024\L.1, Martin, 4/10/18, which read as follows:                                                                             
                                                                                                                                
     Page 4, lines 16 - 21:                                                                                                     
          Delete all material and insert:                                                                                       
          "(g)  Notwithstanding (a) and (b) of this                                                                             
     section, an individual may smoke at                                                                                        
               (1)  a private club if the private club                                                                          
               (A)  has been in continuous operation at the                                                                     
     same location since January 1, 2017;                                                                                       
               (B)  is not licensed to serve alcoholic                                                                          
     beverages; and                                                                                                             
             (C)  is not a place of employment; or                                                                              
               (2)  a business or place of employment that                                                                      
     is                                                                                                                         
               (A)  operated or staffed entirely by                                                                             
     volunteers;                                                                                                                
               (B)  a sole proprietorship; or                                                                                   
               (C)  operated or staffed entirely by the                                                                         
     immediate  family   members  of  the  owner;   in  this                                                                    
     subparagraph,   "immediate  family   member"  means   a                                                                    
     spouse,    child,    sibling,   parent,    grandparent,                                                                    
     grandchild, stepparent, stepchild, or stepsibling."                                                                        
                                                                                                                                
     Page 12, line 12:                                                                                                          
          Delete "or works for a business as a volunteer                                                                        
     without compensation"                                                                                                      
                                                                                                                                
REPRESENTATIVE CLAMAN objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  EASTMAN  spoke  to  Amendment  1.    He  said  if                                                               
Amendment 1 passes, he would  gladly [not offer] Amendments 2 and                                                               
3.   He said some people  have accused SB  63 of being a  bill to                                                               
ban smoking  outright.  He said  the primary concern of  the bill                                                               
is  to  ban  smoking  in workplaces,  because  "the  relationship                                                               
between employers and employees  is distinct and significant" and                                                               
if employees must, as a condition  of their jobs, endure a smoke-                                                               
filled workplace, then  they are put at a disadvantage.   He said                                                               
Amendment 1  would remove  from the  bill "those  workplaces that                                                               
aren't workplaces" and  have no employees.   He recommended those                                                               
who want to  ban smoking outright vote against  Amendment 1 while                                                               
those who  want to protect employees  vote for it.   He indicated                                                               
some  examples of  situations in  which there  are no  employees:                                                               
only   volunteers  working;   a  sole   proprietorship  with   no                                                               
employees; and  only family  members working  together.   He said                                                               
Amendment  1 would  protect  volunteers,  because "the  volunteer                                                               
relationship    is   ...    distinctly    different   than    the                                                               
employer/employee relationship."                                                                                                
                                                                                                                                
REPRESENTATIVE EASTMAN  said there  are volunteers who  smoke and                                                               
are  willing  to  "give  up   their  time  without  any  kind  of                                                               
compensation,"  and without  Amendment  1,  those volunteers  are                                                               
being  told, "If  you  want  to smoke  then  we  don't want  your                                                               
volunteer  time;  you'll   have  to  go  somewhere   else."    He                                                               
concluded, "And if you have  a situation where volunteers are all                                                               
choosing to  smoke and there's  no pressure  put on anyone  to do                                                               
so, then I think we should  recognize that we do value their time                                                               
and their  opportunity to serve,  and this simply  clarifies that                                                               
they can continue to do so under this bill."                                                                                    
                                                                                                                                
CHAIR LEDOUX said she supports  Amendment 1, because it clarifies                                                               
that  sole proprietors  and  volunteers are  not  covered by  the                                                               
bill.  She  offered her understanding that SB 63  is not intended                                                               
to ban smoking  but to make sure that employees  have a healthful                                                               
workplace.                                                                                                                      
                                                                                                                                
5:41:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN opined that Amendment  1 is poor policy and                                                               
would not  provide any  protection of employees.   He  said under                                                               
Amendment 1,  when there is  a sole  proprietor of a  bar, anyone                                                               
could smoke at the bar.                                                                                                         
                                                                                                                                
5:42:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  stated opposition to Amendment  1, because                                                               
she said  she doesn't  know how  such a  provision could  even be                                                               
enforced.                                                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN,  in recognition of the  comments that had                                                               
been made, offered  a conceptual amendment to  Amendment 1, which                                                               
would  - following  "a  sole proprietorship;"  -  change "or"  to                                                               
"and".   He said with this  change "the situation put  forward by                                                               
Representative Claman would,  in fact, not be the  case" and "the                                                               
only types  of sole proprietorships  that we're talking  about in                                                               
the amendment are those that fall under the other categories."                                                                  
                                                                                                                                
5:43:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  objected  to Conceptual  Amendment  1  to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN stated,  "Since that  completely resolves                                                               
the original concern,  I have to conclude ... that  the intent is                                                               
simply to ban smoking outright, and  that is not something that I                                                               
support or that my constituents  support, so I will be supporting                                                               
the amendment."                                                                                                                 
                                                                                                                                
5:44:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD said she does  not believe that voting no                                                               
[on Conceptual  Amendment 1 to  Amendment 1] means  smoking would                                                               
be banned "in every private place and household and everything."                                                                
                                                                                                                                
5:44:36 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Chenault, Eastman,                                                               
and  LeDoux voted  in favor  of  the motion  to adopt  Conceptual                                                               
Amendment 1  to Amendment 1.   Representatives  Reinbold, Claman,                                                               
and Stutes voted  against it.  Therefore,  Conceptual Amendment 1                                                               
to Amendment 1 failed by a vote of 3-3.                                                                                         
                                                                                                                                
5:45:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew his motion to adopt Amendment 1.                                                                
                                                                                                                                
                                                                                                                                
5:45:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved to adopt  Amendment 2, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 4, lines 16 - 21:                                                                                                     
          Delete all material and insert:                                                                                       
          "(g)  Notwithstanding (a) and (b) of this                                                                             
     section, an individual may smoke at                                                                                        
               (1)  a private club if the private club                                                                          
               (A)  has been in continuous operation at the                                                                     
     same location since January 1, 2017;                                                                                       
               (B)  is not licensed to serve alcoholic                                                                          
     beverages; and                                                                                                             
             (C)  is not a place of employment; or                                                                              
     (2)  a  business or place of employment that  is a sole                                                                    
     proprietorship and  is operated or staffed  entirely by                                                                    
     the immediate  family members  of the  sole proprietor;                                                                    
     in this  paragraph, "immediate  family member"  means a                                                                    
     spouse,    child,    sibling,   parent,    grandparent,                                                                    
     grandchild, stepparent, stepchild, or stepsibling."                                                                        
                                                                                                                                
5:46:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  called a  point  of  order.   She  said                                                               
amendments must  be timely,  germane, and  not dilatory,  and she                                                               
opined that  both Amendment 2  and Amendment 3 [not  yet offered]                                                               
were dilatory.   She  asked that Chair  LeDoux rule  Amendments 1                                                               
and 2 out of order.                                                                                                             
                                                                                                                                
CHAIR LEDOUX  stated that she  did not  believe they were  out of                                                               
order.                                                                                                                          
                                                                                                                                
5:46:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN spoke to Amendment 2.  He said it focuses                                                                
on family and sole proprietorships - not on volunteers.                                                                         
                                                                                                                                
5:46:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN stated opposition to Amendment 2.                                                                         
                                                                                                                                
5:46:58 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Chenault, Eastman,                                                               
and LeDoux  voted in favor  of the  motion to adopt  Amendment 2.                                                               
Representatives Reinbold,  Claman, and  Stutes voted  against it.                                                               
Therefore, Amendment 2 failed by a vote of 3-3.                                                                                 
                                                                                                                                
5:47:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved to adopt Amendment 3, which read as                                                                
follows:                                                                                                                        
                                                                                                                                
     Page 4, lines 16 - 21:                                                                                                     
          Delete all material and insert:                                                                                       
          "(g)  Notwithstanding (a) and (b) of this                                                                             
     section, an individual may smoke at                                                                                        
               (1)  a private club if the private club                                                                          
               (A)  has been in continuous operation at the                                                                     
     same location since January 1, 2017;                                                                                       
               (B)  is not licensed to serve alcoholic                                                                          
     beverages; and                                                                                                             
             (C)  is not a place of employment; or                                                                              
               (2)  a business or place of employment that                                                                      
     is operated or staffed entirely by volunteers."                                                                            
                                                                                                                                
     Page 12, line 12:                                                                                                          
     Delete "or works for a business as a volunteer without                                                                     
     compensation"                                                                                                              
                                                                                                                                
REPRESENTATIVE CLAMAN objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE REINBOLD objected and called a point of order.                                                                   
                                                                                                                                
REPRESENTATIVE CLAMAN said, "I'll join Representative Reinbold's                                                                
point of order."                                                                                                                
                                                                                                                                
REPRESENTATIVE REINBOLD stated that it is clear the amendments                                                                  
are almost identical.  She added, "I do believe this is dilatory                                                                
and wasting precious time."                                                                                                     
                                                                                                                                
CHAIR LEDOUX responded that the point of order was not accepted.                                                                
                                                                                                                                
5:48:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  spoke to Amendment  3.  He said  it would                                                               
focus on  volunteers.  He  stated that if committee  members want                                                               
to  recognize that  volunteers are  not employees,  then he  asks                                                               
them to  support Amendment  3 in recognition  that "the  focus of                                                               
this bill  is - as  it ought to be  - focusing on  workplaces and                                                               
employees and employers."                                                                                                       
                                                                                                                                
5:48:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  stated, "There is nothing  ... that says                                                               
you want to  ban smoking outright everywhere."   She opined, "So,                                                               
once again,  that is  an absurd ...  interpretation, and  that is                                                               
not how I read this at all."                                                                                                    
                                                                                                                                
5:49:14 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Chenault, Eastman,                                                               
and LeDoux  voted in favor  of the  motion to adopt  Amendment 3.                                                               
Representatives Stutes,  Reinbold, and  Claman voted  against it.                                                               
Therefore, Amendment 3 failed by a vote of 3-3.                                                                                 
                                                                                                                                
5:49:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  moved to report  HCS CSSB 63,  Version 30-                                                               
LS0024\L,  Martin,  4/9/18,  out  of  committee  with  individual                                                               
recommendations and the accompanying previous fiscal notes.                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
5:50:06 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Claman, Chenault,                                                               
Reinbold, and LeDoux  voted in favor of the motion  to report HCS                                                               
CSSB 63,  Version 30-LS0024\L, Martin,  4/9/18, out  of committee                                                               
with  individual recommendations  and  the accompanying  previous                                                               
fiscal notes.   Representatives Stutes and  Eastman voted against                                                               
it.   Therefore, HCS CSSB 63(RLS)  was reported out of  the House                                                               
Rules Standing Committee by a vote of 4-2.                                                                                      
                                                                                                                                
5:50:50 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Rules Standing Committee meeting was adjourned at 5:51 p.m.                                                                     

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