Legislature(2023 - 2024)
2023-05-15 Senate Journal
Full Journal pdf2023-05-15 Senate Journal Page 1164 SB 89 CS FOR SENATE BILL NO. 89(FIN) "An Act relating to tobacco, tobacco products, electronic smoking products, nicotine, and products containing nicotine; raising the minimum age to purchase, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product; relating to the tobacco use education and cessation fund; relating to the taxation of electronic smoking products and vapor products; and providing for an effective date" was read the third time. 2023-05-15 Senate Journal Page 1165 Senator Myers moved the bill be returned to second reading for amendments. Without objection, the bill was returned to second reading. Senator Myers offered Amendment No. 1 : Page 1, lines 1 - 2: Delete "relating to tobacco, tobacco products, electronic smoking products, nicotine, and products containing nicotine;" Page 1, lines 4 - 5: Delete "relating to the tobacco use education and cessation fund; relating to the taxation of electronic smoking products and vapor products;" Page 2, lines 28 - 30: Delete "[THIS SUBSECTION DOES NOT APPLY TO A PERSON WHO IS A PRISONER AT AN ADULT CORRECTIONAL FACILITY.]" Insert "This subsection does not apply to a person who is a prisoner at an adult correctional facility." Page 3, line 6: Delete "[OR HARM REDUCTION]" Insert "or harm reduction" Page 3, lines 18 - 20: Delete "punishable by a fine of not more than $150. Notwithstanding AS 12.55.035(b), in place of any fine imposed for the violation of this subsection, the court may refer a defendant, at the request of the defendant, to a tobacco education program" Page 3, lines 21 - 31: Delete all material. Renumber the following bill sections accordingly. Page 5, line 3: Delete "[OR HARM REDUCTION]" Insert "or harm reduction" 2023-05-15 Senate Journal Page 1166 Page 6, line 2, through page 7, line 4: Delete all material. Renumber the following bill sections accordingly. Page 7, lines 14 - 16: Delete "and the individual's age was verified at the time of purchase by a third-party verification service, the individual is" Page 7, line 16: Delete "," Page 7, line 18, through page 17, line 4: Delete all material. Renumber the following bill sections accordingly. Page 20, lines 15 - 18: Delete all material. Renumber the following bill sections accordingly. Page 21, line 25: Delete all material. Renumber the following paragraphs accordingly. Page 21, line 26: Delete "sec. 5" Insert "sec. 4" Page 21, line 27: Delete "sec. 6" Insert "sec. 5" Page 21, line 28: Delete "sec. 7" Insert "sec. 6" 2023-05-15 Senate Journal Page 1167 Page 21, line 29: Delete "sec. 8" Insert "sec. 7" Page 21, line 30: Delete "sec. 9" Insert "sec. 8" Page 21, line 31, through page 22, line 2: Delete all material. Renumber the following paragraph accordingly. Page 22, line 3: Delete "sec. 24" Insert "sec. 14" Senator Myers moved for the adoption of Amendment No. 1. Senator Wielechowski objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 89(FIN) Second Reading Amendment No. 1? YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Hughes, Kaufman, Myers, Shower, Wilson Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski and so, Amendment No. 1 failed. 2023-05-15 Senate Journal Page 1168 Senator Shower offered Amendment No. 2 : Page 2, lines 21 - 22: Delete "under AS 11.76.105" Insert "[UNDER AS 11.76.105]" Page 2, following line 22: Insert a new bill section to read: "* Sec. 3. AS 11.76.100 is amended by adding a new subsection to read: (g) The provisions of (a) of this section do not apply to a person who sells or gives an electronic smoking product to a person who is 19 or 20 years of age if the person is a member of an active or reserve component of the armed forces of the United States." Renumber the following bill sections accordingly. Page 3, line 27, following "to": Insert "(1)" Page 3, line 31, following "nicotine": Insert "; or (2) the possession of an electronic smoking product by a person 19 or 20 years of age if the person is a member of an active or reserve component of the armed forces of the United States" Page 4, line 12, following "person": Insert "(A)" Page 4, line 13, following "older": Insert "; or (B) 19 or 20 years of age who is a member of an active or reserve component of the armed forces of the United States" Page 4, line 30, following "person": Insert "(1) 19 or 20 years of age who is a member of an active or reserve component of the armed forces of the United States; or (2)" 2023-05-15 Senate Journal Page 1169 Page 5, line 2: Delete "(1)" Insert "(A) [(1)]" Page 5, line 5: Delete "(2)" Insert "(B) [(2)]" Page 5, line 6: Delete "(3)" Insert "(C) [(3)]" Page 5, line 7: Delete "(A)" Insert "(i) [(A)]" Page 5, line 8: Delete "(B)" Insert "(ii) [(B)]" Page 5, line 9: Delete "(C)" Insert "(iii) [(C)]" Page 5, line 11: Delete "(D)" Insert "(iv) [(D)]" Page 5, lines 27 - 28: Delete "under AS 11.76.105 [" Insert "[UNDER" Page 13, line 24, following "older": Insert ", or 19 or 20 years of age if the individual is a member of an active or reserve component of the armed forces of the United States," 2023-05-15 Senate Journal Page 1170 Page 14, lines 5 - 6: Delete all material and insert: "(B) before delivery, the common or contract carrier verifies the age of the recipient as (i) 21 years of age or older; or (ii) 19 years of age or older if the recipient is a member of an active or reserve component of the armed forces of the United States; or" Page 19, line 10: Delete "under 21 [19] years of age" Insert "[UNDER 19 YEARS OF AGE]" Page 21, following line 23: Insert a new paragraph to read: "(3) AS 11.76.100(g), enacted by sec. 3 of this Act;" Renumber the following paragraphs accordingly. Page 21, line 24: Delete "sec. 3" Insert "sec. 4" Page 21, line 25: Delete "sec. 4" Insert "sec. 5" Page 21, line 26: Delete "sec. 5" Insert "sec. 6" Page 21, line 27: Delete "sec. 6" Insert "sec. 7" Page 21, line 28: Delete "sec. 7" Insert "sec. 8" 2023-05-15 Senate Journal Page 1171 Page 21, line 29: Delete "sec. 8" Insert "sec. 9" Page 21, line 30: Delete "sec. 9" Insert "sec. 10" Page 21, line 31: Delete "sec. 10" Insert "sec. 11" Page 22, line 1: Delete "sec. 17" Insert "sec. 18" Page 22, line 2: Delete "sec. 18" Insert "sec. 19" Page 22, line 3: Delete "sec. 24" Insert "sec. 25" Senator Shower moved for the adoption of Amendment No. 2. Senator Kiehl objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 89(FIN) Second Reading Amendment No. 2? YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Bjorkman, Hughes, Kawasaki, Myers, Shower Nays: Bishop, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson and so, Amendment No. 2 failed. 2023-05-15 Senate Journal Page 1172 CS FOR SENATE BILL NO. 89(FIN) was automatically in third reading. President Stevens stated CS FOR SENATE BILL NO. 89(FIN) would be held in third reading to the May 16 calendar. There being no objection, it was so ordered.