SENATE BILL NO. 1 "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date." 9:16:05 AM Co-Chair MacKinnon introduced the legislation. Vice-Chair Micciche announced that he did not normally support legislation like SB 1. He felt that government should be limited, but felt that the reduction of exposure to second hand smoke was appropriate for governmental regulation. He stressed that second hand smoke was a major cause of needless preventable death. He stated that second hand smoke killed four times as many people that were killed annually from drunk driving. He stressed that approximately one-half of Alaska's population was protected by the law; and the other half did not have the capacity to create this type of law. He stressed that the bill would create a standard that would provide a level playing field for second hand smoke in Alaska. He shared that the last poll in 2015 showed that over 80 percent of Alaskans supported smoke free laws protecting workers. He stressed that it was not a "heavy handed enforcement issue." He shared that the same law was in place in Anchorage since 2007, and there were zero citations issued in that time. He shared that the bill would reduce the cost of Medicaid by millions of dollars. He stated that Medicaid recipients were 2.5 times more likely to smoke than non-recipients. He shared that with the additives in vape juice such and cannabinoids and synthetic cannabinoids, so workers should not be exposed to these substances. He shared that the fiscal notes in the bill added up to $14,000, which was for sign replacement. He shared that there was a sponsor to cover that cost. He stressed that there would be zero fiscal impact to the state. 9:19:11 AM CHUCK KOPP, STAFF, SENATOR PETER MICCICHE, explained the Sectional Analysis (copy on file): Section 1 - AS 18.35 is amended by adding new sections to read: 18.35.301 Prohibition of Smoking Page 1, lines 5 -14 and page 2, lines 1-2: (a) prohibits smoking in enclosed areas in public places, including enclosed areas at an entertainment venue or sports arena; in vehicles used for public transportation; at public transportation facilities and depots; at a retail store or shopping center; at places of public assembly on property owned by the state or other unit of local government. Page 2, lines 3 - 16: (b) prohibits smoking in certain enclosed areas: office buildings, hotels, motels, restaurants, bars, retail stores or common areas in apartment and multiple family dwellings, a place of employment, a building or residence used to provide paid childcare, at healthcare facilities, in a vehicle that is a place of employment, at a public or private educational facility; at a residence where paid adult care is provided; at a residence in a healthcare facility, hotel, or motel; and on a marine vessel operating as a shore-based fisheries business under AS 43.75. Page 2, lines 17 - 30: (c) prohibits smoking outdoors in certain areas: at public or private schools; state or municipal parks primarily designated as a place for children to play; in seating areas for outdoor arenas, stadiums and amphitheaters; within 50 feet of an entrance to a healthcare facility, 20 feet of an entrance, open window, or heating or ventilation system air intake vent at a place where smoking is prohibited under this section; or within a reasonable distance of an entrance, open window, or heating or ventilation air intake on a marine vessel as determined by the vessel operator in charge. Page 2, line 31 - p. 3, lines 1 - 23: (d) allows smoking at a retail tobacco or e-cigarette store unless the owner or operator prohibits it, and defines "retail tobacco or e-cigarette store". Page 3, lines 24-29: (e) permits an enclosed smoking area at Alaska International Airport System airports for international passengers who are in-transit and restricted by federal law from leaving the airport and establishes ventilation requirements. Page 3, lines 30-31 and Page 4, lines 1-4: (f) allows smoking in a vehicle that is a place of employment used exclusively by one person; and on a marine vessel when it is engaged in commercial fishing or sport charter fishing or is otherwise used as a place of employment. Page 4, lines 5-6: (g) allows smoking in a private residence that is not used for paid childcare, adult care, and as a healthcare facility. Page 4, lines 7-14: (h) makes it optional for the department (DEC) to adopt regulations authorizing smoking in stand-alone shelters. 9:25:21 AM Mr. Kopp continued to discuss the sectional analysis: 18.35.306 Notice of Prohibition Page 4, lines 15-28: describes the obligations of employers, owners and operators of places and vehicles where smoking is prohibited to post "no smoking" signs within those places or vehicles and at or near the entrances; and establishing a Maximum $50 fine for failure to comply. This section also requires the Department of Environmental Conservation to furnish signs upon request. 18.35.311 Duty of employers and building managers Page 4, lines 29-31 and Page 5, line 1: (a) an employer may not permit an employee, customer or other person to smoke inside an enclosed area at a place of employment; Page 5, lines 1-3: (b) an owner, operator, or manager of a building or other place where smoking is prohibited may not provide ashtrays or other smoking accessories for use in that building or place. 18.35.321 Public Education Page 5, lines 4-13: requires the commissioner of environmental conservation to provide a program of education regarding AS 18.35.301 - 18.35.399 to employers, other affected parties and members of the public; and that this program may be provided in combination with the current comprehensive smoking education program established in Health and Social Services at AS 44.29.020(a)(14) which seeks in part to "prevent youth initiation of tobacco use, promote cessation among tobacco users, and educate the public about the lethal effects of exposure to secondhand smoke", and also includes "an enforcement component" in AS 44.29.020(a)(14)(E). 18.35.326 Nonretaliation Page 5, lines 14-20: prohibits employers from discriminating against an employee because the employee cooperated with or initiated enforcement of a requirement in AS 18.35.301-18.35.399; and similarly prohibits owners or operators of vehicles or other places subject to AS 18.35.301 - 18.35.399 from retaliating against customers or other members of the public due to their cooperation with or initiation of enforcement of the requirements in AS 18.35.301-18.35.399. 18.35.331 Conflicts with local requirements Page 5, lines 21-26: a municipality is not prohibited from adopting and enforcing local laws with additional prohibitions on smoking or additional duties for employers, owners, operators, and other persons subject to requirements of 18.35.306 and 18.35.311. Section 2 - Page 5, lines 27 - 30: Existing AS 18.35.340(a) Civil complaints; penalties is reinstated and amended to incorporate the new language of 18.35.301, 18.35.306, 18.35.311 and 18.35.326 and requires the commissioner of environmental conservation to develop and maintain a procedure for processing reports of violations. Section 3 - Page 6, lines 1 - 9: Existing AS 18.35.340(b) is reinstated, adds conforming changes and establishes how the commissioner or his employee designee may enforce the provisions of Section 1. Section 4 - Page 6, lines 10 -18: Existing AS 18.35.340(c) is reinstated, and adds conforming changes. This Section establishes a fine of $10 - $50 for violations of 18.35.301, 18.35.311, and 18.35.326, and a fine of $20 - $300 for a violation of 18.35.306. Section 5 - Page 6, lines 19 - 23: Existing AS 18.35.341 (a) Citations; penalties is reinstated, adds conforming changes, and establishes what violations must be committed in a peace officer's presence before the peace officer may issue a citation, and the uniform citation format and procedure that must be used. 9:30:22 AM Mr. Kopp continued to discuss the sectional analysis. Section 6 - Page 6, lines 24 - 31, and Page 7, lines 1-2: Existing AS 18.35.341(b) is reinstated; adds conforming changes; establishes how designated employees of DEC may issue citations for violations of Section 1; that they will be processed in the same manner as citations issued by peace officers in 18.35.341(a); and that an employee of DEC may not arrest a person for a violation of Section 1. Section 7 - Page 7, lines 3 - 11: Existing AS 18.35.341(c) is reinstated; adds conforming changes; establishes that violations of 18.35.301, 18.35.306, 18.35.311 and 18.35.326 are non-criminal offenses; sets fines for violations of 18.35.301, 18.35.311, and 18.35.326 at $10 - $50, and a fine of $20 - $300 for a violation of 18.35.306; and establishes that each day a violation of 18.35.306 continues after a citation has been issued constitutes a separate violation. Section 8 - Page 7, lines 12 - 17: Existing AS 18.35.341(d) is reinstated; adds conforming changes; establishes that the supreme court will establish a bail schedule for violations of 18.35.301, 18.35.306, 18.35.311 and 18.35.326; that bail amounts may not exceed those listed in 18.35.341(c); and that the bail amount must appear on the citation. Section 9 - Page 7, lines 18 - 21: Existing AS 18.35.342 Multiple fines prohibited is reinstated, and adds conforming changes. Establishes that a person may not be fined more than once for each violation of 18.35.301, 18.35.306, 18.35.311 and 18.35.326. Section 10 - Page 7, lines 22 - 25: Existing AS 18.35.343 Injunctions is reinstated, and adds conforming changes. Establishes that the DEC commissioner or any affected party may institute an action in the superior court to enjoin repeated violations of 18.35.301, 18.35.306, 18.35.311 and 18.35.326. Section 11 - Page 7, lines 26 - 30: Existing AS 18.35.350 Enforcement authority is reinstated, and adds conforming changes. Establishes that the DEC commissioner or designee is responsible to enforce the provisions of 18.35.301 - 18.35.399, and that this section does not limit the authority of peace officers. Section 12 - Page 7, line 31, page 8, lines 1 - 31, and page 9, lines 1 -13: Adds a new Definitions section, specifically amending definitions of "commissioner" from Health and Social Services to Environmental Conservation; and "department" from Health and Social Services to Environmental Conservation. Section 13 - Page 9, lines 14 - 15: Repealing language. Section 14 - Page 9, lines 16 - 23: Applicability clause. Section 15 - Page 9, lines 24 - 29: Transition of regulations clause. Section 16 - Page 9, line 30: Immediate effective date for Section 15. Section 17 - Page 9, line 31: Establishes October 1, 2015 effective date, excluding Section 16. 9:32:40 AM Mr. Kopp explained that there was a rigorous discussion in the State Affairs Committee. He stressed that it was a policy call to determine where the program should be housed. He shared that it was preferred that the program be held in the Department of Health and Social Services (DHSS). Co-Chair MacKinnon announced that public testimony be limited to two minutes. Senator Bishop asked for restatement of a statistic related to DUI and smoking. Mr. Kopp replied that the Center for Disease Control, in the 50th Anniversary Report on Smoking in America in 2010, identified that between 2005 and 2009 480,000 people per year in America died of smoking related deaths. He explained that DUI had approximately 10,000 deaths per year. Senator Dunleavy wondered how the exceptions in closed commercial fishing vessels were determined. Mr. Kopp responded that the sport charter boats and commercial fishing boats could be unsafe. He remarked that people were outside 99 percent of the time. 9:36:36 AM Senator Dunleavy remarked that there had been a similar discussion the year prior related to marijuana. Mr. Kopp responded that the marijuana discussion was not a part of the creating of the legislation. ^PUBLIC TESTIMONY 9:38:28 AM ZACHARY STOCKTON, TEENS AGAINST TOBACCO, KENAI (via teleconference), testified in support of SB 1. He shared that future generations should not be required to worry about this issue. He stressed that second hand smoke had proved to cause heart disease and cancer. 9:39:59 AM RACHEL TODD, TEENS AGAINST TOBACCO, KENAI (via teleconference), spoke in support of SB 1. 9:40:53 AM JENNY OLENDORFF, SELF, SOLDOTNA (via teleconference), testified in support of SB 1. She stressed that employees and business owners did not have the right to expose their employees to toxic chemicals. 9:42:11 AM PAMELA HOWARD, SELF, SOLDOTNA (via teleconference), testified in support of SB 1. 9:43:44 AM CARMEN LUNDE, KODIAK CHARR, KODIAK (via teleconference), spoke against SB 1. She felt that business owners had the right to determine what occurred in their businesses. She felt that punishing smokers for their own good went against their rights. She remarked that smoking bans violated private property laws. She stated that Kodiak had six smoke-free bars, and six smoking bars. 9:45:48 AM TERRENCE ROBBINS, SELF, KETCHIKAN (via teleconference), testified in support of SB 1. He shared that he had seen his grandfather and aunts die from cancer caused by smoking. He stressed that protecting Alaska from second hand smoke would enhance public health. 9:47:00 AM ANGELA CARROLL, SMOKE-FREE ALTERNATIVE TRADE ASSOCIATION, WASILLA (via teleconference), spoke against SB 1. She felt that the legislation would hurt the vape industry in Alaska. 9:48:19 AM ALEX MCDONALD, OWNER, ICEBOX VAPORY, FAIRBANKS (via teleconference), testified against SB 1. He felt that the legislation would limit the personal rights of individuals, privacy, and freedom of choice. 9:52:00 AM JESSIE WALTON, SELF, FAIRBANKS (via teleconference), opposed SB 1. 9:53:45 AM LINCOLN BEAN SR., ALL HEALTHCARE, KAKE (via teleconference), spoke in support of SB 1. 9:55:28 AM ROBERT URATA, MEMBER, AMERICAN HEART ASSOCIATION, JUNEAU (via teleconference), testified in support of SB 1. 9:57:16 AM DIANA REDWOOD, SELF, ANCHORAGE (via teleconference), testified in support of SB 1. She stated that she had frequented bars that allowed smoking in her twenties. She was grateful that Anchorage was smoke-free, and pitied the communities that did not have a ban. 9:58:15 AM MAUREEN NARUS, SELF, ANCHORAGE (via teleconference), spoke in support of SB 1. 9:59:44 AM BILL ROSS, SELF, ANCHORAGE (via teleconference), testified in support of SB 1. He stated that his wife had died as a result of the effects of second hand smoke. 10:01:44 AM DALE FOX, PRESIDENT, ALASKA CHARR, ANCHORAGE (via teleconference), testified against SB 1. He shared that Alaska CHARR believed in the right of freedom of choice. 10:04:07 AM MICHAEL PATTERSON, SELF, JUNEAU, testified in support SB 1. 10:06:41 AM ANGELA CERNICH, SELF, JUNEAU, spoke in support of SB 1. She shared that she had a disease as a result of second hand smoke. 10:09:02 AM MARQUETTA ANDRAS, SELF, JUNEAU, spoke in support of SB 1. She explained that her father was a heavy smoker. She stated that she almost died at 2 weeks old, because she had pneumonia as a result of second hand smoke. 10:11:35 AM JOAN CAHILL, SELF, JUNEAU, spoke in support of SB 1. She stated that she had grown up in a home exposed to second hand smoke. 10:14:20 AM K.T. MCKEE, AMERICAN LUNG ASSOCIATION IN ALASKA, MAT-SU (via teleconference), testified in support of SB 1. She stressed that second hand smoke was the major source of preventable disease. She shared that the bill had the support of nearly 1000 Alaska businesses. 10:16:28 AM ASHLEY PELTIER, SELF, MAT-SU (via teleconference), spoke in support of SB 1. She felt that everyone had the right to breathe clean air. She also encouraged the inclusion of e- cigarettes. 10:17:14 AM ROBIN MINARD, MAT-SU HEALTH FOUNDATION, MAT-SU (via teleconference), testified in support of SB 1. She stated that Mat-Su did not have the capability to create its own smoke-free work place regulations. 10:18:09 AM TERRY SNYDER, SELF, MATSU (via teleconference), testified in support of SB 1. She stressed that the supporters of smoke-free workplace regulations had not financial incentives behind their personal support of the legislation. She stressed that clean safe work environments were a right for all Alaskans. 10:20:18 AM KAREN PERDUE, SELF, FAIRBANKS (via teleconference), spoke in support of SB 1. She stated that she had been involved in tobacco regulations. 10:22:07 AM LARRY HACKENMILLER, SELF, FAIRBANKS (via teleconference), spoke against SB 1. He felt that second hand smoke did not cause a hazardous work place. 10:24:45 AM STEVE WARREN, SELF, SITKA (via teleconference), spoke in support of SB 1. 10:25:58 AM TAMMI MEISSNER, SELF, WRANGELL (via teleconference), testified in support of SB 1. 10:27:24 AM STEVE MAPES, SELF, KENAI (via teleconference), spoke in opposition of SB 1. He stated that his father had died of lung cancer as a result of smoking. He stated that his mother had also died of lung cancer. He shared that he had been able to quit smoking as a result of e cigarettes. He stressed that vaping was not smoking. 10:29:40 AM CHRYSTAL SCHOENROCK, SECRETARY, KENAI PENINSULA CHARR, NIKISKI (via teleconference), spoke in opposition to SB 1. 10:32:10 AM ROBIN FORSI, SELF, SOLDOTNA (via teleconference), testified in support of SB 1. She shared some comments from a student from Soldotna, Jackson Blackwell. She read a prepared statement from Mr. Blackwell. 10:34:57 AM JOHNA BEACH, SELF, KENAI (via teleconference), testified in support of SB 1. She remarked that she had worked as a waitress in a nonsmoking restaurant with a smoking room in the establishment. She stressed that the bill was directed at employee safety. 10:37:02 AM PETE BURNS, SELF, ANCHORAGE (via teleconference), testified in support of SB 1. 10:39:04 AM STAN SELMAN, CLUB PARIS, ANCHORAGE (via teleconference), testified in support of SB 1. 10:40:30 AM KEN HELANDER, AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP), ANCHORAGE (via teleconference), testified in support of SB 1. He stressed that healthy young people would become healthy adults. 10:41:28 AM JULIE WRIGLEY, SELF, ANCHORAGE (via teleconference), testified in support of SB 1. She stated that her children were Alaska's future work force. She stressed that second hand smoke contributed to many cancer risks. She felt that everyone had the right to breathe smoke-free air. 10:43:05 AM BEVERLY WOOLEY, SELF, MAT-SU (via teleconference), testified in support of SB 1. 10:46:13 AM GAIL SCHIEMANN, SELF, ANCHORAGE (via teleconference), testified in support of SB 1. 10:47:04 AM KATIE STEFFENS, SELF, ANCHORAGE (via teleconference), testified in support of SB 1. 10:49:02 AM WENDIE MACNAUGHTON, AMERICAN HEART ASSOCIATION, FAIRBANKS (via teleconference), testified in support of SB 1. 10:49:56 AM KRISTEN LUBY, SELF, ANCHORAGE (via teleconference), testified in support of SB 1. 10:50:32 AM EDY RODEWALD, SELF, JUNEAU, testified in support of SB 1. 10:52:23 AM KRISTIN COX, SELF, JUNEAU, testified in support of SB 1. 10:54:55 AM CAROLYN CLIFT, SELF, ANCHORAGE (via teleconference), spoke against SB 1. 10:56:59 AM BARBARA DOTY, ALASKA ACADEMY OF FAMILY PHYSICIANS, WASILLA (via teleconference), testified in support of SB 1. 10:59:26 AM AT EASE 10:59:50 AM RECONVENED 11:00:25 AM EMILY NENON, AMERICAN CANCER SOCIETY, CANCER ACTION NETWORK, JUNEAU (via teleconference), testified in support of SB 1. Co-Chair MacKinnon CLOSED public testimony. SB 1 was HEARD and HELD in committee for further consideration.