Legislature(2015 - 2016)BUTROVICH 205
04/15/2015 08:00 AM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB89 | |
| SB1 | |
| HB142 | |
| SB74 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 1 | TELECONFERENCED | |
| = | SB 74 | ||
| = | SB 89 | ||
| + | HB 142 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 1-REGULATION OF SMOKING
8:43:05 AM
CHAIR STOLTZE announced the consideration of SB 1. He declared
that public testimony for SB 1 is closed.
8:43:50 AM
SENATOR COGHILL moved to adopt the CS for Sponsor Substitute
(SS) for SB 1, version 29-LS0003\S as the working document.
CHAIR STOLTZE objected for discussion purposes.
8:44:13 AM
BRANDON BREFCZYNSKI, Staff, Senator Bill Stoltze, Alaska State
Legislature, Juneau, Alaska, provided an overview of the CS for
SB 1 as follows:
Section 1, page 4, line 7, the word "shall" was
changed to "may" adopt regulations.
Section 1, page 4, lines 18 and 25, there is a change
for the notice of prohibition, all "Smoking Prohibited
by Law" signs are reducing the maximum penalty from
$100 to $50.
AS 18.35.316, powers and duties of the commissioner
from the previous CS has been deleted.
Section 2, page 5, line 27, AS 18.35.336, violations
and civil penalties from the previous CS has been
deleted and amended to reflect existing statute. AS
18.35.340(a), civil complaints and penalties which
requires the commissioner to develop and maintain a
procedure for processing reports of violations and
conforming changes have also been added to this
section.
Section 3, page 6, line 1, is reinstating existing
statute and adding conforming changes.
Sections 4-7, pages 6-7, they are all reinstating
existing statutes and adding conforming language.
Sections 8-11, page 7, are reinstating existing
statutes and adding conforming changes. For clarity,
the previous CS, the HSS version, had all of the
statutes eliminated, so we are putting them back in
the State Affairs CS.
8:46:31 AM
SENATOR PETER MICCICHE, Alaska State Legislature, Juneau,
Alaska, said the bill exists and has survived as something
designed to protect Alaskans from the effects of secondhand
smoke while they are at the workplace. He asserted that the bill
reinforces the fact that the law is largely self-enforcing and
not designed to be heavy-handed or punitive.
SENATOR WIELECHOWSKI asked what was specifically changed in the
provisions.
MR. BREFCZYNSKI explained the changes from the Health & Social
Services (HSS) version as follows:
· Removed the new penalties and fines.
· Changed from the Department of Health and Social Services
(DHSS) to the Department of Environmental Conservation
(DEC) where it exists currently.
· Removed the powers and duties of the commissioner's section
which does not exist in current statute, which included the
power to adopt regulations which DEC does not currently
have.
· Reinstated all of the existing penalties, fines, and
enforcement abilities of the Department of Public Safety
and the DEC.
SENATOR WIELECHOWSKI asked for an explanation of the rationale
behind putting enforcement back with DEC.
CHAIR STOLTZE answered that moving enforcement back with DEC is
consistent with the intent of the sponsor. He said there was a
lot of enforcement uncertainty with HSS and pointed out that the
bill is largely a clean air issue that falls under DEC's
purview. He noted that current enforcement in smoking
prohibition areas has mostly been through self-regulation with
very few citations issued. He summarized that the change to the
bill accomplishes the sponsor's goal of creating the statewide
ban without bringing in a lot more government.
8:50:03 AM
CHAIR STOLTZE removed his objection to adopting the CS. He
disclosed that Senator McGuire had expressed an interest in
addressing the issue with e-cigarettes. He revealed that the
number one issue of correspondence during the session came from
individuals who wished to use e-cigarettes as their less un-safe
option to smoke as a cessation tool. He summarized that the
discussion continues on e-cigarettes. He asked if Senator
Micciche had any comments on e-cigarettes.
SENATOR MICCICHE replied no. He said the bill has a ways to go
and all issues are being evaluated. He stated that the bill is
about protecting Alaskan workers while trying to find the best
way to do that while impacting the public and businesses as
little as possible. He asserted that he is still listening to
the public.
8:51:49 AM
CHAIR STOLTZE asked if there were any amendments. He requested
that Mr. Brefczynski address the bill's fiscal notes.
MR. BREFCZYNSKI specified the fiscal notes as follows:
· Department of Transportation & Public Facilities (DOT&PF)-
Alaska Marine Highway System: $2,400 for FY16, $1,000
thereafter.
· DOT&PF-International Airports: zero fiscal note.
· DOT&PF-State Equipment Fleet: $1,500.
· DOT&PF-Administration Support: $10,600 for FY16, $1,100
thereafter.
· Department of Commerce, Community, and Economic
Development: zero fiscal note.
· Alaska Court System: zero fiscal note.
· DHSS-Division of Public Health: zero fiscal note.
· DEC-Division of Environmental Health: zero fiscal note.
CHAIR STOLTZE noted that he questioned some of the fiscal notes
and said commentary will be left for the next committee.
SENATOR MICCICHE detailed that the fiscal notes are largely for
signage and the goal is to find a donor so that there is no cost
to the state.
8:53:55 AM
SENATOR COGHILL moved to report SB 1, version S, with individual
recommendations and the attached fiscal notes.
8:54:12 AM
CHAIR STOLTZE announced that hearing no objections, CSSSSB
1(STA) moves out of the Senate State Affairs Standing
Committee.]