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.