Legislature(2015 - 2016)CAPITOL 106

03/31/2016 03:00 PM HEALTH & SOCIAL SERVICES

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Audio Topic
03:20:18 PM Start
03:21:17 PM Confirmation Hearing(s)
03:25:30 PM HB200
03:29:14 PM HB328
04:25:25 PM Confirmation Hearing(s)
04:38:23 PM HB328
05:05:57 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings TELECONFERENCED
+= HB 200 ADOPTION OF CHILD IN STATE CUSTODY TELECONFERENCED
Moved CSHB 200(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 328 REGULATION OF SMOKING TELECONFERENCED
Moved CSHB 328(HSS) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                         March 31, 2016                                                                                         
                           3:20 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Liz Vazquez, Vice Chair                                                                                          
Representative Neal Foster                                                                                                      
Representative David Talerico                                                                                                   
Representative Geran Tarr                                                                                                       
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Louise Stutes                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
State Medical Board                                                                                                           
                                                                                                                                
     Bruck Ann Clift - Palmer, Alaska                                                                                           
     Joy Marasco Neyhart - Juneau, Alaska                                                                                       
     Grant Thomas Roderer - Anchorage, Alaska                                                                                   
     Camille Olson Carlson - Fairbanks, Alaska                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 200                                                                                                              
"An  Act  establishing  procedures  related  to  a  petition  for                                                               
adoption  of a  child in  state custody;  adding a  definition of                                                               
'proxy  for  a  formal  petition';  amending  Rule  6(a),  Alaska                                                               
Adoption Rules; and providing for an effective date."                                                                           
                                                                                                                                
     - MOVED CSHB 200(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 328                                                                                                              
"An Act prohibiting smoking in certain places; relating to                                                                      
education on the smoking prohibition; and providing for an                                                                      
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 328(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 200                                                                                                                  
SHORT TITLE: ADOPTION OF CHILD IN STATE CUSTODY                                                                                 
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
04/16/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/16/15       (H)       HSS, JUD                                                                                               
03/29/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/29/16       (H)       Heard & Held                                                                                           
03/29/16       (H)       MINUTE(HSS)                                                                                            
03/29/16       (H)       HSS AT 6:00 PM CAPITOL 106                                                                             
03/29/16       (H)       Heard & Held                                                                                           
03/29/16       (H)       MINUTE(HSS)                                                                                            
03/31/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 328                                                                                                                  
SHORT TITLE: REGULATION OF SMOKING                                                                                              
SPONSOR(s): TALERICO                                                                                                            
                                                                                                                                
02/22/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/16       (H)       HSS, JUD, FIN                                                                                          
03/22/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/22/16       (H)       Heard & Held                                                                                           
03/22/16       (H)       MINUTE(HSS)                                                                                            
03/24/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/24/16       (H)       Heard & Held                                                                                           
03/24/16       (H)       MINUTE(HSS)                                                                                            
03/31/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BRUCK ANN CLIFT, Appointee                                                                                                      
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to the State Medical                                                              
Board.                                                                                                                          
                                                                                                                                
HILARY MARTIN, Attorney                                                                                                         
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during discussion of                                                              
HB 328.                                                                                                                         
                                                                                                                                
JOSHUA BANKS, Staff                                                                                                             
Representative Dave Talerico                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB 328 on behalf of the bill sponsor, Representative Talerico.                                                                  
                                                                                                                                
CHUCK KOPP, Staff                                                                                                               
Senator Peter Micciche                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to  questions during discussion of                                                             
HB 328  on behalf of the  sponsor for the senate  companion bill,                                                               
Senator Micciche.                                                                                                               
                                                                                                                                
JOY MARASCO NEYHART, Appointee                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Testified  as  appointee  for  the  State                                                             
Medical Board.                                                                                                                  
                                                                                                                                
GRANT THOMAS RODERER, M.D., Appointee                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  for  the  State                                                             
Medical Board.                                                                                                                  
                                                                                                                                
CAMILLE OLSON CARLSON, Appointee                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  for  the  State                                                             
Medical Board.                                                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:20:18 PM                                                                                                                    
                                                                                                                                
CHAIR PAUL  SEATON called  the House  Health and  Social Services                                                             
Standing   Committee    meeting   to    order   at    3:20   p.m.                                                               
Representatives Seaton, Wool, Talerico,  and Tarr were present at                                                               
the call  to order.   Representatives Foster and  Vazquez arrived                                                               
as the meeting was in progress.                                                                                                 
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                    CONFIRMATION HEARING(S)                                                                                 
                      State Medical Board                                                                                   
                                                                                                                                
3:21:17 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  first order of business would be                                                               
the  confirmation hearings  for appointees  to the  State Medical                                                               
Board.                                                                                                                          
                                                                                                                                
3:21:36 PM                                                                                                                    
                                                                                                                                
BRUCK ANN  CLIFT, Appointee, State  Medical Board, said  that she                                                               
is  in  her third  year  of  practicing  family medicine  in  the                                                               
Matanuska-Susitna Valley, and it is  her first appointment to the                                                               
State  Medical  Board.    She   relayed  that  she  is  eager  to                                                               
participate  in the  licensing process  and ensure  efficient and                                                               
ethical medical  practices in the  state.  She declared  that she                                                               
had  a strong  interest in  the  future of  medical education  in                                                               
Alaska, as well as development of local bio-medical industries.                                                                 
                                                                                                                                
3:22:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR asked  about her interest for  serving on the                                                               
State Medical Board.                                                                                                            
                                                                                                                                
MS. CLIFT  said that she had  a strong interest in  the future of                                                               
medical education  as it pertained  to people entering  the field                                                               
in Alaska, citing that it could  be more difficult for those from                                                               
a  rural environment.    She shared  her  residency and  training                                                               
background, and  noted her strong  interest in  providing medical                                                               
services to the fluctuating populations of the state.                                                                           
                                                                                                                                
3:23:44 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:24:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO moved  to  advance  the confirmation  of                                                               
Bruck  Ann Clift,  appointee to  the  State Medical  Board, to  a                                                               
joint session of  the House and Senate for  consideration.  There                                                               
being no objection, the confirmation was advanced.                                                                              
                                                                                                                                
REPRESENTATIVE  TALERICO   reminded  members  that   signing  the                                                               
reports regarding  appointments to  boards and commissions  in no                                                               
way reflects  individual members' approval or  disapproval of the                                                               
appointees, and the nominations are  merely forwarded to the full                                                               
legislature for confirmation or rejection.                                                                                      
                                                                                                                                
           HB 200-ADOPTION OF CHILD IN STATE CUSTODY                                                                        
                                                                                                                                
3:25:30 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the next order of  business would be                                                               
HOUSE BILL NO. 200, "An  Act establishing procedures related to a                                                               
petition  for adoption  of a  child  in state  custody; adding  a                                                               
definition of 'proxy for a  formal petition'; amending Rule 6(a),                                                               
Alaska Adoption Rules; and providing for an effective date."                                                                    
                                                                                                                                
3:25:47 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  removed  his  objection  [during  the  meeting  of                                                               
3/29/16]  to adopt  the  committee substitute  (CS)  for HB  200,                                                               
labeled  29-GH1262\W,  Glover,  3/24/16, as  the  working  draft.                                                               
There  being  no further  objection,  Version  W was  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
3:26:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO moved  to report  CSHB 200,  labeled 29-                                                               
GH1262\W,  Glover,  3/24/16,  out of  committee  with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  further objection,  CSHB 200(HSS)  was moved  from the  House                                                               
Health and Social Services Standing Committee.                                                                                  
                                                                                                                                
3:26:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:26 p.m. to 3:29 p.m.                                                                       
                                                                                                                                
                  HB 328-REGULATION OF SMOKING                                                                              
                                                                                                                                
3:29:14 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the next order of  business would be                                                               
HOUSE  BILL  NO. 328,  "An  Act  prohibiting smoking  in  certain                                                               
places;  relating to  education on  the smoking  prohibition; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
[Before the committee was proposed  committee substitute (CS) for                                                               
HB 328, Version  29-LS1502\W, Martin, 3/18/16, adopted  as a work                                                               
draft on 3/24/16.]                                                                                                              
                                                                                                                                
3:30:14 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:30 p.m. to 3:36 p.m.                                                                       
                                                                                                                                
3:36:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL [moved  to adopt]  Amendment 1,  labeled 29-                                                               
LS1502\W.9, Mischel/Martin, 3/30/16, which read:                                                                                
                                                                                                                                
     Page 4, line 9:                                                                                                            
          Delete "or"                                                                                                           
                                                                                                                                
     Page 4, line 16, following "section":                                                                                      
          Insert "; or                                                                                                          
               (3) in an establishment licensed under AS                                                                        
     17.38 that is a freestanding building not attached to                                                                      
     another business or to a residence"                                                                                        
                                                                                                                                
REPRESENTATIVE VAZQUEZ objected.                                                                                                
                                                                                                                                
3:36:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL explained that  as there are other exemptions                                                               
for different  establishments, proposed  Amendment 1  would allow                                                               
any exemptions that AS 17.38 allowed  in the event it allowed any                                                               
sort of consumption  on any premises as, he  noted, the Marijuana                                                               
Control Board has  said it would in certain  circumstances.  This                                                               
would  allow  those  [establishments]   to  operate  without  the                                                               
smoking ban superseding that.                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR asked whether  Legislative Legal and Research                                                               
Services  could  clarify  any ambiguity  for  the  definition  of                                                               
freestanding building.                                                                                                          
                                                                                                                                
3:37:47 PM                                                                                                                    
                                                                                                                                
HILARY   MARTIN,  Attorney,   Legislative   Legal  and   Research                                                               
Services,   Legislative   Affairs   Agency,  explained   that   a                                                               
freestanding  building  could   be  defined  through  regulation,                                                               
because  the proposed  bill itself  did  not define  freestanding                                                               
building, or  it could  be interpreted as  the common  meaning of                                                               
the word.                                                                                                                       
                                                                                                                                
CHAIR SEATON  questioned whether  buildings abutting  each other,                                                               
but with separate structural walls, are considered freestanding.                                                                
                                                                                                                                
MS.  MARTIN  responded  yes,  if it's  not  attached  to  another                                                               
building  even though  the  walls  are next  to  each other,  and                                                               
assuming they are not structurally dependent on each other.                                                                     
                                                                                                                                
CHAIR  SEATON offered  his  understanding that,  as  long as  the                                                               
walls are  not dependent on  each other for structural  unity and                                                               
there  are no  common passages  between, the  buildings would  be                                                               
considered freestanding.                                                                                                        
                                                                                                                                
MS. MARTIN concurred.                                                                                                           
                                                                                                                                
REPRESENTATIVE  FOSTER asked  whether  many of  the buildings  in                                                               
downtown  Juneau,  connected  but   not  requiring  the  adjacent                                                               
building   for   structural    support,   would   be   considered                                                               
freestanding.                                                                                                                   
                                                                                                                                
MS. MARTIN responded yes, if  they are separate buildings and not                                                               
attached, even though next to each other.                                                                                       
                                                                                                                                
REPRESENTATIVE TARR  asked whether any  business in a  strip mall                                                               
meets that requirement.                                                                                                         
                                                                                                                                
MS. MARTIN  opined that strip  mall locales are  not individually                                                               
freestanding,  as  they  are  part  of  one  building  with  many                                                               
businesses and outside entrances.                                                                                               
                                                                                                                                
REPRESENTATIVE TARR asked  about a strip mall in  which the units                                                               
are individually owned, similar to a condominium.                                                                               
                                                                                                                                
MS.  MARTIN offered  her belief  that ownership  would not  enter                                                               
into this definition.                                                                                                           
                                                                                                                                
CHAIR  SEATON  suggested  that  the  building  unit  would  be  a                                                               
freestanding building, although  the individual businesses within                                                               
it would not be considered freestanding.                                                                                        
                                                                                                                                
REPRESENTATIVE  WOOL   suggested  that  "not  attached"   is  the                                                               
definitive point.                                                                                                               
                                                                                                                                
CHAIR  SEATON  asked  whether a  definition  for  a  freestanding                                                               
building  could  be  written  to  include  the  points  discussed                                                               
regarding  structural   independence  with   a  lack   of  common                                                               
entrances or internal connections to abutting buildings.                                                                        
                                                                                                                                
MS. MARTIN replied  yes, and said that lacking  a definition, the                                                               
determination for  regulation and enforcement would  defer to the                                                               
department.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WOOL, directing  attention to  proposed Amendment                                                               
1, suggested  that only "freestanding"  should be used,  and "not                                                               
attached" should  be deleted, as that  could be in conflict.   He                                                               
stated that he would like a legal definition.                                                                                   
                                                                                                                                
3:46:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  [moved to adopt]  Conceptual Amendment  1 to                                                               
Amendment  1, on  line  7,  to delete  "not  attached to  another                                                               
business  or  to  a  residence."     There  being  no  objection,                                                               
Conceptual Amendment 1 to Amendment 1 was adopted.                                                                              
                                                                                                                                
3:48:50 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:50:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ removed  her objection.   There  being no                                                               
further objection, Amendment 1, as amended, was adopted.                                                                        
                                                                                                                                
3:51:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  moved to adopt Amendment  2, labeled 29-                                                               
LS1502\W.3, Martin, 3/28/16, which read:                                                                                        
                                                                                                                                
     Page 2, line 20:                                                                                                           
          Delete "primarily"                                                                                                    
                                                                                                                                
CHAIR SEATON objected for discussion.                                                                                           
                                                                                                                                
REPRESENTATIVE TALERICO  explained that  Amendment 2  removes the                                                               
ambiguity  of  the  word  "primarily"  and  requires  a  definite                                                               
designation for places where children play.                                                                                     
                                                                                                                                
3:52:28 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON removed his objection.                                                                                             
                                                                                                                                
3:52:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  objected for  discussion and  asked about                                                               
state  or municipal  parks,  which  are often  used  by many  age                                                               
groups,  including children,  but are  not solely  designated for                                                               
use by children.                                                                                                                
                                                                                                                                
REPRESENTATIVE  TALERICO explained  that  the proposed  amendment                                                               
generically  covers "the  overall  designation  of potentially  a                                                               
large area."   Amendment  2 provides  for a  separate, designated                                                               
area of play specifically for children,  and not just a wide open                                                               
space.  He  opined that state parks are not  wholly designated as                                                               
play grounds, although there are some areas designated as such.                                                                 
                                                                                                                                
3:54:19 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON  suggested a  friendly amendment,  page 2,  line 20,                                                               
after  "park" insert  "or portion  thereof".   He said  that this                                                               
eliminates  the need  to designate  the entirety  of a  park, and                                                               
allows for  a children's playground  area in  a large park  to be                                                               
exempted.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TALERICO accepted the friendly amendment.                                                                        
                                                                                                                                
3:55:29 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:56:34 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON pointed  out that  the preceding  language, "at  an                                                               
area located  at those  parks" provides a  designated area  for a                                                               
portion of  the park to  be included.   He withdrew  the friendly                                                               
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  maintained  her objection  stating  that                                                               
there are few  places solely designated for children  to play and                                                               
that she  did not "see this  as a realistic scenario  in everyday                                                               
life."   She declared that  the whole provision is  unsettling to                                                               
her  as  it's  difficult  to   define  the  addressed  areas  and                                                               
difficult to interpret.                                                                                                         
                                                                                                                                
3:59:07 PM                                                                                                                    
                                                                                                                                
JOSHUA BANKS,  Staff, Representative Dave Talerico,  Alaska State                                                               
Legislature, shared that  an area located at a  public or private                                                               
school, state or  municipal park would not be  all inclusive, but                                                               
would require that an area be  designated as a place for children                                                               
to play.                                                                                                                        
                                                                                                                                
REPRESENTATIVE VAZQUEZ  stated her belief  that use of  the words                                                               
"play area" or  "playground" is more specific, as  opposed to "an                                                               
area located".                                                                                                                  
                                                                                                                                
REPRESENTATIVE WOOL asked whether a  ball field would be included                                                               
because it's an area used by both adults and children.                                                                          
                                                                                                                                
REPRESENTATIVE TALERICO  stated his  understanding that  a sports                                                               
field  is not  a  place  to smoke  and  suggested  that any  area                                                               
designated for children should be non-smoking.                                                                                  
                                                                                                                                
CHAIR  SEATON   said  that  a   Little  League  field   would  be                                                               
specifically designated for children.                                                                                           
                                                                                                                                
REPRESENTATIVE TARR  pondered the affects this  legislation might                                                               
have on  large tracts of  multi-use land, including  Kincaid Park                                                               
or  Russian Jack  Park, and  suggested that  clarity needs  to be                                                               
provided in a definition to avoid inadvertent miss-use.                                                                         
                                                                                                                                
REPRESENTATIVE WOOL  pointed to  complexes comprised  of softball                                                               
fields used by adults and children.                                                                                             
                                                                                                                                
REPRESENTATIVE TARR suggested that  having this discussion on the                                                               
record  would allow  the department  to more  clearly define  the                                                               
legal smoking areas and avoid any confusion.                                                                                    
                                                                                                                                
4:05:39 PM                                                                                                                    
                                                                                                                                
CHUCK  KOPP,   Staff,  Senator   Peter  Micciche,   Alaska  State                                                               
Legislature,  shared that  the same  question was  raised in  the                                                               
Senate, and  pointed out that  discretion is built into  the bill                                                               
because it  requires a  "Notice of  Designation" as  a children's                                                               
play  area.    If  it  is   not  noticed,  then  smoking  is  not                                                               
prohibited.  He said this  language aligns with what is contained                                                               
in the Anchorage Municipal smoking  ordinance in that it requires                                                               
designation as a non-smoking area.                                                                                              
                                                                                                                                
REPRESENTATIVE  VAZQUEZ   suggested  the  addition   of  "clearly                                                               
posted" preceding "designated".                                                                                                 
                                                                                                                                
MR. KOPP  explained that if a  place is designated, then  it must                                                               
be posted.   He  reminded the committee  that smoking  is allowed                                                               
outdoors unless the area is otherwise posted.                                                                                   
                                                                                                                                
REPRESENTATIVE VAZQUEZ asked for a definition of "designated".                                                                  
                                                                                                                                
MR. KOPP replied that it is specially set apart for a purpose.                                                                  
                                                                                                                                
CHAIR SEATON  directed attention to  Version W, page 4,  line 17,                                                               
and asked whether the definition contained there is adequate.                                                                   
                                                                                                                                
REPRESENTATIVE  VAZQUEZ maintained  her question  and pointed  to                                                               
page 4, line 17, opining that  the language simply sets forth the                                                               
type  of  signs  where  smoking  is  prohibited.    She  directed                                                               
attention to  page 2,  which includes  language stating  an "area                                                               
that's  designated  as a  place  for  children  to play"  and  no                                                               
directive regarding signs to prohibit smoking.                                                                                  
                                                                                                                                
MR. KOPP  directed attention to  page 4, line  17, and read:   "a                                                               
person who is in  charge of a place... " He  pointed out that the                                                               
person  in charge  is required  to conspicuously  display a  sign                                                               
that reads  [Smoking Prohibited by Law].   He said that  a locale                                                               
specifically prohibited and designated  for children to play must                                                               
be noticed by the person in charge.                                                                                             
                                                                                                                                
REPRESENTATIVE TARR ascertained that the maximum fine for non-                                                                  
compliance would be $50.                                                                                                        
                                                                                                                                
4:10:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ maintained  her  objection, opining  that                                                               
the language  is confusing.   She stated that an  area designated                                                               
for children to  play does not automatically  equal a prohibition                                                               
of  smoking.   She asked  what is  meant by  the language,  "area                                                               
located at a public or private  school or state or municipal... "                                                               
and pointed out that this could include a multi-use park/area.                                                                  
                                                                                                                                
4:11:27 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Wool, Tarr, Foster,                                                               
Vazquez,  Talerico, and  Seaton voted  in favor  of Amendment  2.                                                               
Therefore, Amendment 2 was adopted by a vote of 6-0.                                                                            
                                                                                                                                
REPRESENTATIVE VAZQUEZ advised that she  was not objecting to the                                                               
proposed amendment,  she was objecting  to the vagueness  on page                                                               
2, lines 19-20.  She opined that  it would be a great exercise in                                                               
interpretation.                                                                                                                 
                                                                                                                                
4:12:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  moved to adopt Amendment  3, labeled 29-                                                               
LS1502\W.4, Martin, 3/28/16, which read:                                                                                        
                                                                                                                                
     Page 2, line 16:                                                                                                           
          Delete "marine"                                                                                                       
                                                                                                                                
     Page 2, line 31:                                                                                                           
          Delete "marine"                                                                                                       
                                                                                                                                
     Page 4, line 5:                                                                                                            
          Delete "marine"                                                                                                       
                                                                                                                                
CHAIR SEATON objected for discussion.                                                                                           
                                                                                                                                
MR. BANKS  explained that proposed  Amendment 3 deletes  the word                                                               
"marine" in  three areas of the  bill, and pointed out  that this                                                               
relates to  the prohibition  of smoking  on certain  vessels, the                                                               
distance  a person  must  be away  from the  vessel  in order  to                                                               
smoke,  and  speaks  to  the  allowance  of  smoking  on  certain                                                               
vessels.   He turned to  a previous meeting wherein  comments and                                                               
concerns were  voiced pointing out  that the term  marine vessels                                                               
excludes fresh  water vessels,  and he  offered that  by removing                                                               
the  specific terminology,  all  vessels on  all  waters will  be                                                               
included.                                                                                                                       
                                                                                                                                
CHAIR  SEATON removed  his  objection.   There  being no  further                                                               
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
4:14:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  moved to adopt Amendment  4, labeled 29-                                                               
LS1502\W.5, Martin, 3/28/16, which read:                                                                                        
                                                                                                                                
     Page 8, lines 26 - 29:                                                                                                     
          Delete all material and insert:                                                                                       
               (4)  "e-cigarette" means any product                                                                             
     containing   or  delivering   nicotine  or   any  other                                                                    
     substance intended  for human  consumption that  can be                                                                    
     used  by  a  person  through  inhalation  of  vapor  or                                                                    
     aerosol  from  the  product,  whether  the  product  is                                                                    
      manufactured, distributed, marketed, or sold as an e-                                                                     
     cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any                                                                     
     other product name or descriptor;"                                                                                         
                                                                                                                                
CHAIR SEATON objected for discussion.                                                                                           
                                                                                                                                
MR. BANKS  explained that proposed  Amendment 4 would  change the                                                               
definition  for  an e-cigarette,  as  defined  in Version  W,  to                                                               
address the concern that vaping  products do not always look like                                                               
a  cigarette, cigar,  or pipe,  and he  offered descriptions  for                                                               
various  vaping products.   The  proposed amendment  would ensure                                                               
that  all  vaping  products,  no matter  the  profile,  would  be                                                               
included.                                                                                                                       
                                                                                                                                
4:16:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO moved to  adopt Conceptual Amendment 1 to                                                               
Amendment 4,  which on  line 5, following  "product" add  "of any                                                               
size or shape".   There being no  objection, Conceptual Amendment                                                               
1 to Amendment 4 was adopted.                                                                                                   
                                                                                                                                
REPRESENTATIVE TALERICO moved to  adopt Conceptual Amendment 2 to                                                               
Amendment 4,  which, on line  7, following "descriptor;"  add "e-                                                               
cigarette  does  not  include   drugs,  devices,  or  combination                                                               
products  authorized  for   sale  by  the  U.S.   Food  and  Drug                                                               
Administration (USFDA) as those terms  are defined in the Federal                                                               
Food, Drug,  and Cosmetic Act,  unless the use of  those products                                                               
simulates smoking or exposes others to vapor or aerosol;".                                                                      
                                                                                                                                
CHAIR SEATON objected for discussion.                                                                                           
                                                                                                                                
REPRESENTATIVE TARR asked about the  products offered for sale by                                                               
the USFDA, and the intent of Conceptual Amendment 2.                                                                            
                                                                                                                                
4:18:13 PM                                                                                                                    
                                                                                                                                
MR. BANKS responded that concern  was expressed that the proposed                                                               
Amendment 4  could be interpreted  to include inhalers,  which is                                                               
not the  intent.   He suggested that  adding a  second clarifying                                                               
sentence [to  Conceptual Amendment 2] would  ensure that products                                                               
like inhalers would not inadvertently be included.                                                                              
                                                                                                                                
REPRESENTATIVE   TARR   questioned  whether   smoking   cessation                                                               
products are  issued by prescription, and  she further questioned                                                               
whether  nicotine   patches,  or  other  similar   products,  are                                                               
considered smoking.                                                                                                             
                                                                                                                                
MR. BANKS  opined that patches do  have nicotine in them,  and it                                                               
would not simulate  smoking and it would not  expose non-users to                                                               
vapor or aerosol.  He added that  he does not believe it would be                                                               
included in this.                                                                                                               
                                                                                                                                
REPRESENTATIVE WOOL  reflected on the definition  in the original                                                               
bill, which  discusses exhaling  and the  effects of  second hand                                                               
breathing; noting  that the proposed  amendment does  not address                                                               
any "simulated burning."   He mused that  this amendment pertains                                                               
to  inhalation,  which  differs from  conventional  smoking,  and                                                               
represents a different public safety risk.                                                                                      
                                                                                                                                
CHAIR  SEATON  opined  that  vaping   is  generally  regarded  as                                                               
inhalation and the definition of  an e-cigarette is the mechanism                                                               
for initiating the vaping process.                                                                                              
                                                                                                                                
4:22:26 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON removed  his objection to Conceptual  Amendment 2 to                                                               
Amendment  4.    There  being no  further  objection,  Conceptual                                                               
Amendment 2 to Amendment 4 was adopted.                                                                                         
                                                                                                                                
CHAIR SEATON removed  his objection to Amendment 4.   There being                                                               
no further objection, Amendment 4, as amended, was adopted.                                                                     
4:23:49 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:23 p.m. to 4:25 p.m.                                                                       
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                    CONFIRMATION HEARING(S)                                                                                 
                      State Medical Board                                                                                   
                                                                                                                                
4:25:25 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the next order of  business would be                                                               
the  confirmation hearings  for appointees  to the  State Medical                                                               
Board.                                                                                                                          
                                                                                                                                
4:25:56 PM                                                                                                                    
                                                                                                                                
JOY MARASCO  NEYHART shared  that she is  a pediatrician  and has                                                               
practiced  in Juneau  for  the past  16 years.    In response  to                                                               
Representative Tarr,  she said that  her interest for  serving is                                                               
to represent  Southeast and  the children of  Alaska, as  well as                                                               
moving  forward with  telemedicine in  the  state in  a safe  and                                                               
appropriate way.  She stated  that telemedicine could "save a lot                                                               
of money for the state."                                                                                                        
                                                                                                                                
4:27:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO moved to  advance the confirmation of Joy                                                               
Marasco  Neyhart, appointee  to  the State  Medical  Board, to  a                                                               
joint session of  the House and Senate for  consideration.  There                                                               
being no objection, the confirmation was advanced.                                                                              
                                                                                                                                
REPRESENTATIVE  TALERICO   reminded  members  that   signing  the                                                               
reports  regarding appointments  to board  and commissions  in no                                                               
way reflects  individual members' approval or  disapproval of the                                                               
appointees, and the nominations are  merely forwarded to the full                                                               
legislature for confirmation or rejection.                                                                                      
                                                                                                                                
4:27:49 PM                                                                                                                    
                                                                                                                                
GRANT  THOMAS  RODERER,  M.D.,  said that  he  completed  a  pain                                                               
medicine  fellowship   in  2000,  and  is   currently  practicing                                                               
interventional pain management in Anchorage.   He shared that his                                                               
first appointment to the State Medical  Board was in 2014, and he                                                               
is seeking re-confirmation for an  additional term.  His interest                                                               
in  serving  is to  help  adopt  and  carry out  regulations  for                                                               
medical practice,  assist in licensing qualified  physicians, and                                                               
discipline physicians who violate the licensing laws.                                                                           
                                                                                                                                
CHAIR SEATON  asked about  enforcement for  the over-prescription                                                               
use of  opioids.  He  spoke about the requirement  for physicians                                                               
to  check  the prescription  drug  database  prior to  writing  a                                                               
prescription, and  to limit the initial  prescription for opioids                                                               
to seven days  unless noted.  He asked whether  Dr. Roderer could                                                               
see consequences for  failure to utilize the data  base and limit                                                               
prescription opioid use.                                                                                                        
                                                                                                                                
DR.  RODERER replied  that the  prescription database  is a  very                                                               
good   tool   for   medical  personnel   prescribing   controlled                                                               
substances, and that he uses it  in his practice.  He opined that                                                               
its  primary purpose  is for  control of  substances when  multi-                                                               
sourcing  medications for  a patient  who  is prescribed  similar                                                               
drugs.   He  explained that  the problem  is the  requirement for                                                               
physicians to monitor the database,  and there is concern for the                                                               
discipline   of   physicians   who  choose   to   disregard   the                                                               
application.   The degree  of discipline  remains a  question, he                                                               
said,  and stated  his belief  that the  database represents  one                                                               
tool to help manage the opioid medication problem.                                                                              
                                                                                                                                
CHAIR SEATON added that there  may be an upcoming requirement for                                                               
registration to the database.                                                                                                   
                                                                                                                                
4:33:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO moved  to  advance  the confirmation  of                                                               
Grant  Thomas  Roderer,  M.D., appointee  to  the  State  Medical                                                               
Board,  to  a   joint  session  of  the  House   and  Senate  for                                                               
consideration.   There being no  objection, the  confirmation was                                                               
advanced.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  TALERICO   reminded  members  that   signing  the                                                               
reports  regarding appointments  to board  and commissions  in no                                                               
way reflects  individual members' approval or  disapproval of the                                                               
appointees, and the nominations are  merely forwarded to the full                                                               
legislature for confirmation or rejection.                                                                                      
                                                                                                                                
4:34:13 PM                                                                                                                    
                                                                                                                                
CAMILLE  OLSON CARLSON  reported that  she has  just completed  a                                                               
four year term on the State  Medical Board, which she found to be                                                               
very interesting,  and, as  she is now  fully trained,  feels she                                                               
owes  it to  the state  to  fulfill another  term; especially  as                                                               
three members are leaving the board.   She stated her belief that                                                               
it is very important for public members to serve on the board.                                                                  
                                                                                                                                
REPRESENTATIVE TARR noted  that Ms. Carlson is  the public member                                                               
on  the State  Medical  Board  even though  she  comes with  very                                                               
little  background in  the health  care industry,  and she  asked                                                               
whether she  feels prepared  to take  on many  of the  new policy                                                               
initiatives.                                                                                                                    
                                                                                                                                
MS. CARLSON  replied that she  considers herself  "extremely well                                                               
prepared,"  and pointed  out her  background at  university where                                                               
she earned a degree in physical  education and health, as well as                                                               
her experience serving on other boards.                                                                                         
                                                                                                                                
REPRESENTATIVE TARR  asked whether  Ms. Carlson  has worked  in a                                                               
field related to physical education.                                                                                            
                                                                                                                                
MS.  CARLSON  responded no,  as  she  is  a full  time  housewife                                                               
raising three children.                                                                                                         
                                                                                                                                
4:37:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO moved  to  advance  the confirmation  of                                                               
Camille Olson Carlson,  appointee to the State  Medical Board, to                                                               
a  joint  session of  the  House  and Senate  for  consideration.                                                               
There being no objection, the confirmation was advanced.                                                                        
                                                                                                                                
REPRESENTATIVE  TALERICO   reminded  members  that   signing  the                                                               
reports  regarding appointments  to board  and commissions  in no                                                               
way reflects  individual members' approval or  disapproval of the                                                               
appointees, and the nominations are  merely forwarded to the full                                                               
legislature for confirmation or rejection.                                                                                      
                                                                                                                                
                                                                                                                                
                  HB 328-REGULATION OF SMOKING                                                                              
                                                                                                                                
4:38:23 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced, as its  final order of business, that the                                                               
committee  would   return  to  HOUSE   BILL  NO.  328,   "An  Act                                                               
prohibiting smoking  in certain places; relating  to education on                                                               
the smoking prohibition; and providing for an effective date."                                                                  
                                                                                                                                
[Before the committee was proposed  committee substitute (CS) for                                                               
HB  328,  Version  29-LS1502\W, Martin,  3/18/16,  adopted  as  a                                                               
working document on 3/24/16.]                                                                                                   
                                                                                                                                
4:38:31 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON moved to adopt Amendment 5, labeled 29-LS1502\W.6,                                                                 
Martin, 3/29/16, which read:                                                                                                    
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Section  1. The  uncodified law  of the  State of                                                                
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE INTENT. It is the intent of the                                                                           
     legislature  that nothing  in this  Act is  intended to                                                                    
     alter  applicable  law  relating   to  liability  of  a                                                                    
     manufacturer, dispenser,  or other  person for  a cause                                                                    
     of  action  that may  arise  from  smoking tobacco,  e-                                                                    
     cigarettes,  or  other  oral   smoking  devices  in  an                                                                    
     enclosed area or to otherwise  limit the state immunity                                                                    
     from  liability  provided for  in  state  law. In  this                                                                    
     section, "e-cigarette," "enclosed  area," and "smoking"                                                                    
     have   the   meanings   given   to   those   terms   in                                                                    
     AS 18.35.399."                                                                                                             
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 10, line 5:                                                                                                           
          Delete "sec. 1"                                                                                                       
          Insert "sec. 2"                                                                                                       
                                                                                                                                
     Page 10, line 6:                                                                                                           
          Delete "secs. 2 - 4"                                                                                                  
          Insert "secs. 3 - 5"                                                                                                  
          Delete "secs. 5 - 8"                                                                                                  
          Insert "secs. 6 - 9"                                                                                                  
                                                                                                                                
     Page 10, line 7:                                                                                                           
          Delete "sec. 9"                                                                                                       
          Insert "sec. 10"                                                                                                      
          Delete "sec. 10"                                                                                                      
          Insert "sec. 11"                                                                                                      
                                                                                                                                
     Page 10, line 8:                                                                                                           
          Delete "sec. 11"                                                                                                      
          Insert "sec. 12"                                                                                                      
          Delete "sec. 12"                                                                                                      
          Insert "sec. 13"                                                                                                      
                                                                                                                                
     Page 10, line 10:                                                                                                          
          Delete "secs. 1 - 12"                                                                                                 
          Insert "secs. 2 - 13"                                                                                                 
                                                                                                                                
     Page 10, line 15:                                                                                                          
          Delete "sec. 1"                                                                                                       
          Insert "sec. 2"                                                                                                       
                                                                                                                                
     Page 10, line 16:                                                                                                          
          Delete "secs. 2 - 4"                                                                                                  
          Insert "secs. 3 - 5"                                                                                                  
          Delete "secs. 5 - 8"                                                                                                  
          Insert "secs. 6 - 9"                                                                                                  
                                                                                                                                
     Page 10, line 17:                                                                                                          
          Delete "sec. 9"                                                                                                       
          Insert "sec. 10"                                                                                                      
                                                                                                                                
     Page 10, lines 17 - 18:                                                                                                    
          Delete "sec. 10"                                                                                                      
          Insert "sec. 11"                                                                                                      
                                                                                                                                
     Page 10, line 18:                                                                                                          
          Delete "sec. 11"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
     Page 10, line 19:                                                                                                          
          Delete "sec. 12"                                                                                                      
          Insert "sec. 13"                                                                                                      
                                                                                                                                
     Page 10, line 21:                                                                                                          
          Delete "Section 15"                                                                                                   
          Insert "Section 16"                                                                                                   
                                                                                                                                
     Page 10, line 22:                                                                                                          
          Delete "sec. 16"                                                                                                      
          Insert "sec. 17"                                                                                                      
                                                                                                                                
REPRESENTATIVE TALERICO objected for discussion.                                                                                
                                                                                                                                
4:38:42 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON explained that this intent language is to ensure                                                                   
that nothing in the act allows smoking in certain indoor or                                                                     
other  specific  locations,  and   it  offers  no  immunity  from                                                               
liability  to a  manufacturer, dispenser,  or other  person, from                                                               
any cause of  action related to smoking or  e-cigarettes or other                                                               
oral smoking devices, and their use in an enclosed area.                                                                        
                                                                                                                                
4:39:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  removed his  objection.  There  being no                                                               
further objection, Amendment 5 was adopted.                                                                                     
                                                                                                                                
4:40:42 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:41:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  moved to  adopt  Amendment  6, labeled  29-                                                               
LS1502\W.8, Martin, 3/30/16, which read:                                                                                        
                                                                                                                                
     Page 3, line 14, following "residence":                                                                                    
          Insert ", or if the store is not in a                                                                                 
       freestanding building, the store has a ventilation                                                                       
        system that is separate from other businesses or                                                                        
     residences in or attached to the same building"                                                                            
                                                                                                                                
CHAIR SEATON objected for discussion.                                                                                           
                                                                                                                                
REPRESENTATIVE  TARR expressed  concern for  the impact  of these                                                               
provisions on  existing businesses.   She  offered an  example of                                                               
buffer  zones  around schools  that  restrict  sales of  alcohol,                                                               
although any  existing businesses  would have  been grandfathered                                                               
in.  She noted that most  vaping shops currently allow smoking or                                                               
testing  of the  product, and  many are  located in  strip malls.                                                               
These  businesses  may find  it  difficult  to remain  open,  she                                                               
cautioned, and said  it is hard to understand the  scope of these                                                               
provisions;  hence,  the  proposed  amendment is  an  attempt  to                                                               
strike a  middle ground.   She reported having made  inquiries to                                                               
businesses who expressed a myriad  of concerns for the impacts of                                                               
vapors  and odors.    She  stated her  belief  that the  existing                                                               
businesses would be subject to  the new provisions, and would not                                                               
be  grandfathered  in  under  this  bill.    Empty  store  fronts                                                               
represent an  open invitation  for negative  activities including                                                               
vandalism  and loitering.    In her  district,  she said,  active                                                               
businesses  often maintain  security cameras,  which cut  down on                                                               
vandalism and  public nuisance individuals.   It  remains unclear                                                               
whether  the proposed  amendment will  strike the  right balance,                                                               
she opined,  and questioned  if it  could be  in conflict  with a                                                               
previous  amendment.   There  is also  a lack  of  clarity for  a                                                               
business  operating as  both a  retail  outlet and  a lounge  for                                                               
product  consumption, and  whether that  business would  have the                                                               
ability to prove that it  was effectively closed down because the                                                               
law was  changed so  significantly that  it became  impossible to                                                               
keep its doors open.  She  acknowledged that her district hosts a                                                               
high number of strip malls.                                                                                                     
                                                                                                                                
4:46:13 PM                                                                                                                    
                                                                                                                                
MS. MARTIN said  the proposed bill would impact  any locale where                                                               
smoking  is  currently  permitted  which is  not  a  freestanding                                                               
building.   While  the proposed  bill does  not literally  shut a                                                               
business down,  the questions posed  are complicated  and require                                                               
further research.                                                                                                               
                                                                                                                                
REPRESENTATIVE  FOSTER  offered   his  understanding  that  malls                                                               
usually install heating, ventilation  and air conditioning (HVAC)                                                               
systems  which are  not adequate,  thus,  the proposed  amendment                                                               
requires a clear definition.                                                                                                    
                                                                                                                                
CHAIR SEATON directed  attention to the committee  packet and the                                                               
images  showing  the  interiors  of   several  vape  shops.    He                                                               
questioned whether  any ventilation system would  have a positive                                                               
effect  on  the  conditions  depicted.    He  said  the  proposed                                                               
amendment  references both  traditional  cigarettes,  as well  as                                                               
vaping, and  any common entrance  with other businesses  would be                                                               
problematic.    He noted  that  there  is enough  information  on                                                               
second hand smoke to identify this as a problem.                                                                                
                                                                                                                                
REPRESENTATIVE TALERICO  expressed appreciation for the  level of                                                               
concern for  the business community.   The bill is an  attempt to                                                               
protect people  in the work  environment from second  hand smoke.                                                               
It  is  questionable  whether  a  ventilation  system,  recycling                                                               
inside  air, could  successfully  protect occupants  in a  shared                                                               
building,  he  opined, and  stated  opposition  for the  proposed                                                               
amendment.                                                                                                                      
                                                                                                                                
REPRESENTATIVE WOOL  questioned the location and  accuracy of the                                                               
images, as  they appear to  depict a "horrible second  hand smoke                                                               
environment."                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FOSTER  offered  that discussion  on  this  point                                                               
could  be continued  in  the next  committee  of referral,  House                                                               
Judiciary   Standing  Committee,   which  may   produce  a   more                                                               
supportable version of the bill.                                                                                                
                                                                                                                                
CHAIR  SEATON   suggested  that  the  House   Judiciary  Standing                                                               
Committee could best address the "grandfathering" issue.                                                                        
                                                                                                                                
4:53:25 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON maintained his objection.                                                                                          
                                                                                                                                
4:53:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR agreed that  the proposed amendment is beyond                                                               
the purview of  the committee as it's not specific  to the health                                                               
aspect.   She expressed her  concern with smoking in  general and                                                               
its relationship  to health,  and said that  this issue  is worth                                                               
considering  in order  to avoid  any unintended  consequences and                                                               
legal challenges.  She reiterated  the relevance for these issues                                                               
in her  district because  of the prevalence  of strip  malls, and                                                               
their locations, and reminded the  committee that it is better to                                                               
have  an  on-going business  than  a  vacant  store front.    She                                                               
acknowledged that  these issues could  be addressed in  the House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
4:55:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR withdrew proposed Amendment 6.                                                                              
                                                                                                                                
4:55:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  directed attention  to page  2, line  27, of                                                               
Version W,  to ask  about the  required [smoking  prohibition] 20                                                               
feet from a  business entrance or 10 feet from  the entrance to a                                                               
bar or  restaurant.  He offered  an example of the  difficulty to                                                               
find  a smoking  area  when  there is  only  a  20 foot  distance                                                               
between doors, and asked if  this could prohibit smoking anywhere                                                               
on  a given  length of  sidewalk,  possibly forcing  a person  to                                                               
smoke in the roadway.                                                                                                           
                                                                                                                                
MR. KOPP responded  that the proposed bill fully  aligns with the                                                               
Anchorage Smoke-Free  ordinance.  He acknowledged  that the point                                                               
raised  by Representative  Wool is  a judgement  call that  could                                                               
necessitate a  walk to the other  side of the street.   The point                                                               
is  to take  it outside,  he said,  and suggested  that there  is                                                               
judgement in any  enforcement action; this is  a complaint driven                                                               
enforcement system with no active  patrol; people smoking outside                                                               
are trying to comply.                                                                                                           
                                                                                                                                
CHAIR  SEATON expressed  interest in  having the  House Judiciary                                                               
Standing Committee also review this  issue, pointing out that the                                                               
20  foot requirement  includes maintaining  a  distance from  any                                                               
window, heating, or air ventilation intake.                                                                                     
                                                                                                                                
MR.  KOPP  explained  that  the   distance  notification  is  not                                                               
required if the  property has otherwise been  declared and posted                                                               
by the  owner to be  a smoke free  campus.  He  acknowledged that                                                               
the required distance in front of  a bar is only 10 feet, whereas                                                               
other work places  are to adhere to the more  significant 20 foot                                                               
allowance.                                                                                                                      
                                                                                                                                
5:00:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ asked if  there is any scientific evidence                                                               
regarding the ill effects of e-cigarettes.                                                                                      
                                                                                                                                
MR.  KOPP directed  attention to  the committee  packet, and  the                                                               
document  from the  Alaska Division  of  Epidemiology, under  the                                                               
Department of Health and Social  Services, reporting on the harms                                                               
of e-cigarette use  in Alaska; particularly the  impact on youth.                                                               
The findings indicate  a resurgence in nicotine  addiction due to                                                               
the  corresponding popular  surge  for the  use of  e-cigarettes,                                                               
which  he   characterized  as  a  delivery   device  for  smoking                                                               
anything.  The numerous report  attachments review the effects of                                                               
e-cigarettes,  although  the  FDA  has   yet  to  issue  a  final                                                               
regulation.   The previous decline  in nicotine use by  the young                                                               
populace,  has  been reversed  by  an  explosive rise,  which  is                                                               
directly  acquainted  to  e-cigarette  advertising  and  use,  he                                                               
finished.  He clarified that  the increased usage is for nicotine                                                               
as it is delivered via an e-cigarette device.                                                                                   
                                                                                                                                
5:02:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO moved  to report  CSHB 328,  Version 29-                                                               
LS1502\W,  Martin, 3/18/16,  as  amended, out  of committee  with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
5:03:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  objected  and said  that,  as  initially                                                               
proposed,  the   bill  was  supportable.     However,  on  closer                                                               
scrutiny, and in  its current version, it  represents over reach,                                                               
she opined.   She  said that,  although she  has no  problem with                                                               
prohibiting  smoking in  enclosed places,  such as  hospitals and                                                               
schools, she does object to  prohibiting smoking in outdoor areas                                                               
and said that  the 20 foot prohibition seems "to  be a bit much."                                                               
Neither is there  enough scientific evidence to include  a ban on                                                               
e-cigarettes at this time, she finished.                                                                                        
                                                                                                                                
5:04:48 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Talerico,  Wool,                                                               
Tarr, Foster,  and Seaton voted  in favor of reporting  CSHB 328,                                                               
Version  29-LS1502\W,   Martin,  3/18/16,  as  amended,   out  of                                                               
committee.      Representatives   Vazquez   voted   against   it.                                                               
Therefore, CSHB  328(HSS) was  reported out  of the  House Health                                                               
and Social Services Standing Committee by a vote of 5-1.                                                                        
                                                                                                                                
5:05:57 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Health  and  Social  Services   Standing  Committee  meeting  was                                                               
adjourned at 5:05 p.m.                                                                                                          

Document Name Date/Time Subjects
Confirmations- State Medical - Clift.pdf HHSS 3/31/2016 3:00:00 PM
Confirmations 2016
Confirmations- State Medical - Humphreys.pdf HHSS 3/31/2016 3:00:00 PM
Confirmations 2016
Confirmations- State Medical - Neyhart.pdf HHSS 3/31/2016 3:00:00 PM
Confirmations 2016
Confirmations- State Medical - Roderer.pdf HHSS 3/31/2016 3:00:00 PM
Confirmations 2016
Confirmations- State Medical - Carlson (1).pdf HHSS 3/31/2016 3:00:00 PM
Confirmations 2016
HB 328 proposed amendment W.6_seaton.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB328 Proposed CS_Ver W.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
CSHB 328 Proposed - Amendment W.4_Talerico.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB 328 proposed amendment W.1_ Wool.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
CSHB 328 Proposed- Amendment W.3_Talerico.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
CSHB 328 Proposed Amendment W.5_Talerico.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB 328 Support Agnew Bemben.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB 328 support Urata_3.29.2016.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB 200 Background_Adoptive Couple v Baby Girl.pdf HHSS 3/31/2016 3:00:00 PM
HB 200
HB 200 Backgound_Tununak II ruling.PDF HHSS 3/31/2016 3:00:00 PM
HB 200
HB200 Background version W _Bill in 3 bullets.pdf HHSS 3/31/2016 3:00:00 PM
HB 200
HB 200 Support_Hoffman-Bethel.pdf HHSS 3/31/2016 3:00:00 PM
HB 200
HB 328 Proposed Amendment W.8_Tarr.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB 328 support Joe Darnell.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB 328 opposition_2 letters_3.31.2016.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB 328 support_2 letters_3.31.2016.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB328 Fiscal Note DOA-FAC_03.18.16.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB 328 Proposed amendment W.2 Wool.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB328 Fiscal Note DEC-FSS_03.18.16.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB328 Fiscal Note DHSS-CDPHP-03.18.16.pdf HHSS 3/31/2016 3:00:00 PM
HB 328
HB328 Fiscal Note DCCED-AMCO_03.18.16.pdf HHSS 3/31/2016 3:00:00 PM
HB 328