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