Legislature(2015 - 2016)SENATE FINANCE 532
03/18/2016 09:00 AM Senate FINANCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB124 | |
| SB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 1 | TELECONFERENCED | |
| += | SB 124 | TELECONFERENCED | |
SENATE BILL NO. 1
"An Act prohibiting smoking in certain places;
relating to education on the smoking prohibition; and
providing for an effective date."
9:57:30 AM
MOVED to ADOPT the proposed committee substitute for SSSB
1(FIN), Work Draft 29-LA0003\V (Wallace/Martin, 3/17/16).
There being NO OBJECTION, it was so ordered.
9:58:19 AM
RECESSED
1:39:10 PM
RECONVENED
1:39:51 PM
ERIN SHINE, STAFF, SENATOR ANNA MACKINNON, walked through
the changes reflected in the committee substitute:
Page 1, line 5:
Article 4. Prohibition of Smoking in Certain Places.
Page 2, line 13:
(7) in a building or residence that is the site of a
business at which the care of adults is provided on a
fee-for-service basis;
Page 2, lines 22 through 24:
(3) at a place of employment or health care facility
that has declared the entire campus or outside grounds
or property to be smoke-free;
Page 4, line 9:
Notwithstanding (b) of this section, the department
shall adopt regulations authorizing smoking in a
stand-alone shelter.
Page 4, line 20:
(1) reads "Smoking Prohibited by Law--Fine $50";
Page 4, line 22:
(3)includes the words "No Puffin" with a pictorial
representation of a Horned Puffin or Tufted Puffin
holding a burning cigarette enclosed in a red circle
crossed with a red bar.
Page 4, line 28:
Entrance Prohibited by Law--Fine $50"
Page 5, lines 7 through 15:
Sec. 18.35.316. Powers and duties of the commissioner.
(a) The commissioner shall
(1) administer and enforce the requirements of AS
18.35.301 - 18.35.399;
(2) adopt regulations under AS 44.62 (Administrative
Procedure Act) necessary to carry out the duties under
this section.
(b) In addition to other powers granted the
commissioner under AS 18.35.301 - 18.35.399, the
commissioner may delegate to another agency the
authority to implement and enforce one or more
provisions of AS 18.35.301 - 18.35.399.
Page 6, lines 24 through 25:
A person who violates AS 18.35.301, 18.35.311, or
18.35.326 [AS 18.35.300 OR 18.35.305] and against whom
the commissioner has filed a civil complaint under
this section is punishable by a civil fine of [NOT
LESS THAN $10 NOR MORE THAN] $50.
Page 7, lines 17 through 19:
A person who violates AS 18.35.301, 18.35.306,
18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, OR
18.35.330] is guilty of a violation as defined in AS
11.81.900(b) and upon conviction is punishable by a
fine of [NOT LESS THAN
18 $10 NOR MORE THAN] $50 for a violation of AS
18.35.301, 18.35.311, or 18.35.326 [AS 18.35.300 OR
18.35.305] and by a fine of not less than $50 [$20]
nor more than $300 for a violation of AS 18.35.306 [AS
18.35.330].
Ms. Shine said that the rest of the changes were either
conforming or technical.
1:44:10 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 1, 29-
LS0003\V.1, Martin, 3/18/16(copy on file):
Page 4, lines 7-16:
Delete all material and insert:
(g) Nothing in this section prohibits
smoking
(1) at a private residence, except a
private residence described in (b) of
this section; or
(2) in a stand-alone shelter in the
sand-alone shelter meets the following
requirements:
(A) food or drink may not be sold
in the stand-alone shelter;
(B) at least 50 percent of one
side of the shelter is completely
open to the outside; and
(C) the stand-along shelter meets
the minimum distance requirements
in (c) of this section."
Page 5, line 8
Delete "shall"
Page 5, line 11, following "(1)":
Insert "shall"
Page 5, line 11, following "(2)":
Insert "may"
Co-Chair MacKinnon OBJECTED for DISCUSSION.
Ms. Shine explained that the amendment had been generated
by a conversation with the Department of Environmental
Conservation. She said that all of the language on Page 4,
lines 7 through 16, would be deleted, and the amendment
language would be inserted. She talked through the wordage
changes on Page 5.
1:46:07 PM
ALICE EDWARDS, DEPUTY COMMISSIONER, DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, explained that under current
statute, there were no specific regulations for smoking.
She explained that the amendment would provide the ability
to write regulations if necessary, but would not require
the department to do so.
Co-Chair MacKinnon WITHDREW her OBJECTION. There being NO
OBJECTION, Amendment 1 was ADOPTED.
1:47:09 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 2, 29-
LS0003\X.1, Martin, 3/17/16, (copy on file):
Page 5, lines 23-25:
Delete all material and insert:
"(b) The commissioner shall consult with the
Department of Health and Social Services
(1) to achieve compliance by employers,
property owners, property operators, and
other members of the public with the
requirements of AS 18.35.301-18.35.399;
(2) to provide the program of education as
required under (a) of this section; the
program of education may be provided in
combination with the comprehensive smoking
education, tobacco use prevention, and
tobacco control program established in AS
44.29.020(a)(14)."
Co-Chair MacKinnon OBJECTED for discussion.
1:47:38 PM
Ms. Shine noted that the amendment had been drafted to the
previous "X" version of the bill, but that the amendment
language lined up with the current version of the
legislation. She explained that the Department of
Environmental Conservation and Department of Health and
Social Services would work collaboratively to realize the
intent of the legislation.
1:48:21 PM
Ms. Edwards added that the department supported the
amendment.
1:48:37 PM
Co-Chair MacKinnon wondered whether the sponsor supported
the amendment.
Vice-Chair Micciche replied in the affirmative.
1:49:45 PM
Co-Chair MacKinnon WITHDREW her OBJECTION. She directed
legislative legal to make conforming changes. There being
NO OBJECTION, it was so ordered.
Vice-Chair Micciche revealed that there was a donor that
would cover the cost of the sign, but there was an issue of
receipt authority. He felt that the committee could wait to
pass the legislation until the fiscal notes were finalized.
1:50:51 PM
Co-Chair MacKinnon shared that the current notes reflected
the cost for signage. She said that the receipt authority
issue was being worked out with legislative legal.
SB 1 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 1 CSSB 1 work draft Version V.pdf |
SFIN 3/18/2016 9:00:00 AM |
SB 1 |
| SB 1 Amendment Packet.pdf |
SFIN 3/18/2016 9:00:00 AM |
SB 1 |