Legislature(2015 - 2016)SENATE FINANCE 532
03/18/2016 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB124 | |
| SB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 1 | TELECONFERENCED | |
| += | SB 124 | TELECONFERENCED | |
SENATE FINANCE COMMITTEE
March 18, 2016
9:41 a.m.
9:41:14 AM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 9:41 a.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
Senator Click Bishop
ALSO PRESENT
Kelly Cunningham, Fiscal Note Coordinator, Legislative
Finance Division; Sana Efird, Assistant Commissioner,
Department of Health and Social Services; Denise Daniello,
Executive Director, Alaska Commission on Aging; Erin Shine,
Staff, Senator Anna MacKinnon; Alice Edwards, Deputy
Commissioner, Department of Environmental Conservation.
PRESENT VIA TELECONFERENCE
Duane Mayes, Director, Division of Senior and Disabilities
Services, Department of Health and Social Services,
Anchorage.
SUMMARY
SB 1 REGULATION OF SMOKING
SB 1 was HEARD and HELD in committee for further
consideration.
SB 124 EXTEND SUNSET ON AK COMMISSION ON AGING
SB 124 was REPORTED out of committee with "no
recommendation" and with a new fiscal impact note
from the Department of Health and Social
Services.
SENATE BILL NO. 124
"An Act extending the termination date of the Alaska
Commission on Aging; and providing for an effective
date."
Co-Chair MacKinnon discussed housekeeping.
9:42:34 AM
Vice-Chair Micciche read from Page 2 of the amended fiscal
note:
The amended fiscal note reflects a staff reduction
from four full-time positions to three full-time
positions in FY2017 and two full-time positions
beginning in FY2018 going forward.
Vice-Chair Micciche added that the reduction would be $93
thousand in personal services.
9:44:26 AM
AT EASE
9:45:49 AM
RECONVENED
9:45:58 AM
Co-Chair MacKinnon remarked that there had been a
discussion in the previous meeting regarding the 4 staff
member support for the Board of the Alaska Commission on
Aging. She noted the reduction in staff reflected on the
amended fiscal notes. She requested that legislative
finance walk through the fund allocations.
KELLY CUNNINGHAM, FISCAL NOTE COORDINATOR, LEGISLATIVE
FINANCE DIVISION, informed the committee that one position
would be cut in FY2017, which would result in a savings of
$93.3 thousand; $36 thousand in General Funds, $57.3
thousand in interagency receipts. She furthered that the
second year of the reductions, 2018, the second position
would be removed.
9:47:51 AM
9:43:45 AM
Co-Chair MacKinnon queried whether the fiscal note
information that the department had sent to her office for
FY18 going forward, was reflected in the note.
DUANE MAYES, DIRECTOR, DIVISION OF SENIOR AND DISABILITIES
SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES,
ANCHORAGE (via teleconference), responded that the fiscal
note that the department proposed would had reduced the 2
positions in FY18.
9:47:56 AM
Co-Chair MacKinnon stated that the numbers reflected for
FY18 through FY22, had been provided by the department, and
that the only change that the committee had made was the
FY17 reduction.
Mr. Mayes agreed.
9:48:24 AM
Co-Chair MacKinnon reminded Mr. Mayes that interagency
receipts were also General Fund spending. She wanted to
ensure that the two positions had not been moved to another
division or department, but had been cut completely.
Mr. Mayes replied that the positions were not being moved,
but were being eliminated.
9:49:26 AM
Co-Chair MacKinnon understood that the positions would not
be moved to the State Unit on Aging.
Mr. Mayes replied that the State Unit on Aging was
delegated to the Division of Senior Disability Services. He
explained that as a requirement of the Older American Act,
the department had to gather input from seniors throughout
the state, and to have an advisory council; the Alaska
Commission on Aging was the advisory council.
9:50:16 AM
Co-Chair MacKinnon solicited additional information form
Mr. Mayes.
Mr. Mayes replied that he did not.
9:51:47 AM
SANA EFIRD, ASSISTANT COMMISSIONER, DEPARTMENT OF HEALTH
AND SOCIAL SERVICES, commented that the department
understood the fiscal climate of the state. She said that
the governor's FY17 budget for the commission had already
been established, which was why they had recommended that
the reductions begin in FY18.
Co-Chair MacKinnon relayed that the committee understood
that the cuts would impact the work that the commission was
under schedule to complete.
9:53:21 AM
Senator Dunleavy warned that the cuts would occur over all
areas of government. He said that many long-standing,
effective programs would be scrutinized. He thought that it
was appropriate to reduce the fiscal note.
Co-Chair MacKinnon hoped that all boards and commissions
could be fairly evaluated in the future.
9:53:50 AM
AT EASE
9:55:51 AM
RECONVENED
Vice-Chair Micciche MOVED to REPORT SB 124 out of committee
with individual recommendations and the attached fiscal
note. There being NO OBJECTION, it was so ordered.
SB 124 was REPORTED out of committee with "no
recommendation" and with a new fiscal impact note from the
Department of Health and Social Services.
9:56:10 AM
AT EASE
9:57:28 AM
RECONVENED
SENATE BILL NO. 1
"An Act prohibiting smoking in certain places;
relating to education on the smoking prohibition; and
providing for an effective date."
9:57:30 AM
MOVED to ADOPT the proposed committee substitute for SSSB
1(FIN), Work Draft 29-LA0003\V (Wallace/Martin, 3/17/16).
There being NO OBJECTION, it was so ordered.
9:58:19 AM
RECESSED
1:39:10 PM
RECONVENED
1:39:51 PM
ERIN SHINE, STAFF, SENATOR ANNA MACKINNON, walked through
the changes reflected in the committee substitute:
Page 1, line 5:
Article 4. Prohibition of Smoking in Certain Places.
Page 2, line 13:
(7) in a building or residence that is the site of a
business at which the care of adults is provided on a
fee-for-service basis;
Page 2, lines 22 through 24:
(3) at a place of employment or health care facility
that has declared the entire campus or outside grounds
or property to be smoke-free;
Page 4, line 9:
Notwithstanding (b) of this section, the department
shall adopt regulations authorizing smoking in a
stand-alone shelter.
Page 4, line 20:
(1) reads "Smoking Prohibited by Law--Fine $50";
Page 4, line 22:
(3)includes the words "No Puffin" with a pictorial
representation of a Horned Puffin or Tufted Puffin
holding a burning cigarette enclosed in a red circle
crossed with a red bar.
Page 4, line 28:
Entrance Prohibited by Law--Fine $50"
Page 5, lines 7 through 15:
Sec. 18.35.316. Powers and duties of the commissioner.
(a) The commissioner shall
(1) administer and enforce the requirements of AS
18.35.301 - 18.35.399;
(2) adopt regulations under AS 44.62 (Administrative
Procedure Act) necessary to carry out the duties under
this section.
(b) In addition to other powers granted the
commissioner under AS 18.35.301 - 18.35.399, the
commissioner may delegate to another agency the
authority to implement and enforce one or more
provisions of AS 18.35.301 - 18.35.399.
Page 6, lines 24 through 25:
A person who violates AS 18.35.301, 18.35.311, or
18.35.326 [AS 18.35.300 OR 18.35.305] and against whom
the commissioner has filed a civil complaint under
this section is punishable by a civil fine of [NOT
LESS THAN $10 NOR MORE THAN] $50.
Page 7, lines 17 through 19:
A person who violates AS 18.35.301, 18.35.306,
18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, OR
18.35.330] is guilty of a violation as defined in AS
11.81.900(b) and upon conviction is punishable by a
fine of [NOT LESS THAN
18 $10 NOR MORE THAN] $50 for a violation of AS
18.35.301, 18.35.311, or 18.35.326 [AS 18.35.300 OR
18.35.305] and by a fine of not less than $50 [$20]
nor more than $300 for a violation of AS 18.35.306 [AS
18.35.330].
Ms. Shine said that the rest of the changes were either
conforming or technical.
1:44:10 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 1, 29-
LS0003\V.1, Martin, 3/18/16(copy on file):
Page 4, lines 7-16:
Delete all material and insert:
(g) Nothing in this section prohibits
smoking
(1) at a private residence, except a
private residence described in (b) of
this section; or
(2) in a stand-alone shelter in the
sand-alone shelter meets the following
requirements:
(A) food or drink may not be sold
in the stand-alone shelter;
(B) at least 50 percent of one
side of the shelter is completely
open to the outside; and
(C) the stand-along shelter meets
the minimum distance requirements
in (c) of this section."
Page 5, line 8
Delete "shall"
Page 5, line 11, following "(1)":
Insert "shall"
Page 5, line 11, following "(2)":
Insert "may"
Co-Chair MacKinnon OBJECTED for DISCUSSION.
Ms. Shine explained that the amendment had been generated
by a conversation with the Department of Environmental
Conservation. She said that all of the language on Page 4,
lines 7 through 16, would be deleted, and the amendment
language would be inserted. She talked through the wordage
changes on Page 5.
1:46:07 PM
ALICE EDWARDS, DEPUTY COMMISSIONER, DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, explained that under current
statute, there were no specific regulations for smoking.
She explained that the amendment would provide the ability
to write regulations if necessary, but would not require
the department to do so.
Co-Chair MacKinnon WITHDREW her OBJECTION. There being NO
OBJECTION, Amendment 1 was ADOPTED.
1:47:09 PM
Vice-Chair Micciche MOVED to ADOPT Amendment 2, 29-
LS0003\X.1, Martin, 3/17/16, (copy on file):
Page 5, lines 23-25:
Delete all material and insert:
"(b) The commissioner shall consult with the
Department of Health and Social Services
(1) to achieve compliance by employers,
property owners, property operators, and
other members of the public with the
requirements of AS 18.35.301-18.35.399;
(2) to provide the program of education as
required under (a) of this section; the
program of education may be provided in
combination with the comprehensive smoking
education, tobacco use prevention, and
tobacco control program established in AS
44.29.020(a)(14)."
Co-Chair MacKinnon OBJECTED for discussion.
1:47:38 PM
Ms. Shine noted that the amendment had been drafted to the
previous "X" version of the bill, but that the amendment
language lined up with the current version of the
legislation. She explained that the Department of
Environmental Conservation and Department of Health and
Social Services would work collaboratively to realize the
intent of the legislation.
1:48:21 PM
Ms. Edwards added that the department supported the
amendment.
1:48:37 PM
Co-Chair MacKinnon wondered whether the sponsor supported
the amendment.
Vice-Chair Micciche replied in the affirmative.
1:49:45 PM
Co-Chair MacKinnon WITHDREW her OBJECTION. She directed
legislative legal to make conforming changes. There being
NO OBJECTION, it was so ordered.
Vice-Chair Micciche revealed that there was a donor that
would cover the cost of the sign, but there was an issue of
receipt authority. He felt that the committee could wait to
pass the legislation until the fiscal notes were finalized.
1:50:51 PM
Co-Chair MacKinnon shared that the current notes reflected
the cost for signage. She said that the receipt authority
issue was being worked out with legislative legal.
SB 1 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
1:52:46 PM
The meeting was adjourned at 1:52 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 1 CSSB 1 work draft Version V.pdf |
SFIN 3/18/2016 9:00:00 AM |
SB 1 |
| SB 1 Amendment Packet.pdf |
SFIN 3/18/2016 9:00:00 AM |
SB 1 |