Legislature(2017 - 2018)BARNES 124
04/18/2017 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB33 | |
| SB63 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 63 | TELECONFERENCED | |
| *+ | HB 33 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 63-REGULATION OF SMOKING
[Contains discussion of SB 15.]
8:20:49 AM
CO-CHAIR FANSLER announced that the final order of business
would be CS FOR SENATE BILL NO. 63(FIN), "An Act prohibiting
smoking in certain places; relating to education on the smoking
prohibition; and providing for an effective date."
8:22:03 AM
CO-CHAIR FANSLER reopened public testimony on CSSB 63(FIN).
8:22:27 AM
JOSH SILAS testified in opposition to CSSB 63(FIN). [Due to
technical difficulties, Mr. Silas' testimony was inaudible.]
8:24:32 AM
REPRESENTATIVE RAUSCHER suggested that Mr. Silas could be asked
to repeat his stance on CSSB 63(FIN).
8:24:46 AM
CO-CHAIR FANSLER told Mr. Silas that his testimony was not
audible and asked him to state for the record whether he was in
support of or opposed to CSSB 63(FIN).
8:24:53 AM
MR. SILAS stated that he opposed CSSB 63(FIN).
8:25:33 AM
STEVEN MAPES testified in opposition to CSSB 63(FIN). He said
the bill, as written, "would make it extremely difficult, if not
impossible, for the lifesaving industry of vaping to exist, much
less grow, in Alaska." Mr. Mapes said the opportunity to vape
instead of smoke should not be taken away from Alaskans. He
said research available to the committee, from the Royal College
of Physicians and the Heartland Institute of Chicago, are
educational tools. Mr. Mapes stated that the Smoke Free
Alternative Trade Association (SFATA) has uploaded several
research articles to the House Community and Regional Affairs
Standing Committee documenting the difference between vaping and
smoking, and he urged the committee members to read those
articles before considering whether to pass CSSB 63(FIN). Mr.
Mapes said there is also a documentary, entitled "A Billion
Lives," which he urged the committee to watch. He said, "Any
policy pertaining to vaping in Alaska should recognize and
reflect the differences between smoking a vaping and not be in
lockstep with tobacco policy." He stated that under CSSB
63(FIN), it would be impossible to open new stores in
communities that want a choice between tobacco or vaping but
don't have a vape shop.
MR. MAPES said he is not an advocate for tobacco use, as both
his parents died from lung cancer. He said he smoked from age
12 to age 53, at which point he said he found vaping and was
able "to quit killing" himself. He related that in 15 months he
has helped 358 people "get off tobacco." He said, "This
misguided bill lumps vaping together with smoking, which it is
not. I'm asking the committee to remove all references to
vaping from SB 63, as it does nothing to educate smokers or the
public to the benefits of vaping, and it kills an industry that
is helping to save Alaskans' lives."
8:28:16 AM
REPRESENTATIVE DRUMMOND asked Mr. Mapes if he is affiliated with
any businesses related to HB 63.
MR. MAPES affirmed that he is a member of SFATA. He said there
is a chapter in Alaska, with three or four active members.
8:29:11 AM
MARTIN MASSERA testified in opposition to CSSB 63(FIN) because
of its inclusion of language pertaining to vaping. He said the
proposed legislation would "stifle a growing industry, which is
benefiting any tobacco user that wants to quit." He said
research has proven the benefits of vaping for smokers,
including that from the Royal College of Physicians in England,
Igor Bernstein's documents, and a documentary, entitled "A
Billion Lives." Mr. Massera shared that vaping helped him quit
smoking; he was a smoker for over 15 years, but he has not
smoked in over 4 years, thanks to vape products. He stated,
"Alaska's policies pertaining to vape really do need to
recognize the difference between smoking and vaping. I, for
one, cannot support anything that would lump together a life-
saving industry with one that kills our fellow Alaskans." He
asked the committee to remove the vape language from CSSB
63(FIN) to "save an industry that saves our lives." In response
to Co-Chair Fansler, Mr. Massera said he manages a vape shop in
Soldotna, Alaska.
8:31:11 AM
DIANA REDWOOD testified in support of CSSB 63(FIN), as written
with the inclusion of e-cigs. She recollected when Anchorage
and Palmer "went smoke-free" and expressed appreciation for
being able to go to public places without feeling sick from the
cigarette smoke. She said she travels around the state often
and must leave smoke-filled restaurants and bars immediately.
Ms. Redwood urged the committee to support CSSB 63(FIN) to
protect the lives of both customers and workers.
8:32:21 AM
PENELOPE PALMQUIST testified in support of CSSB 63(FIN), as
written with the inclusion of e-cigs. She said for years she
worked on "the alcohol-side" of an event arena and, while there
seemed to be a no-smoking policy, concert attendees would smoke
wherever they please and she would go home at night with lungs
hurting and with a cough for several days afterward.
MS. PALMQUIST said she can understand "where smokers are coming
from," because she smoked for years before quitting "cold
turkey." She said this legislation has been brought forward for
four years, and she opined that it is time to help those whose
health is in jeopardy. She asked the committee to pass CSSB
63(FIN), "including the e-cigarettes and the vape."
8:34:36 AM
AMANDA LENHARD testified in support of CSSB 63(FIN). She
related that she is a bartender in Anchorage, where local bars
have been smoke-free for several years; however, she said half
the state is not as lucky to work and live in smoke-free
environments. She stated that bartenders, servers, cooks, and
dishwashers, as well as any other employees, should not have to
sacrifice their health for a job. She opined that workers need
to be protected from the effects of secondhand smoke and
aerosols, and she urged the committee to support CSSB 63(FIN).
8:35:39 AM
CO-CHAIR FANSLER noted that someone was available from the
Department of Health and Social Services to answer questions.
8:36:04 AM
PETE HANSON, Chief Operating Officer, Alaska CHARR, first noted
that Alaska CHARR is a statewide trade association representing
restaurants, bars, and other small businesses operators in the
hospitality sector. Mr. Hanson opined that CSSB 63(FIN) is not
needed. He explained that citizens have organized referendums
and local government officials have voted on smoking bans in
many communities. He said in most cases, the citizens in those
communities have voted "no" on banning smoking in bars. He
stated the reason is that people know that bars are different
from other places: a person must be 21 to enter a bar; there
are no kids present in bars; and no one is forced to go to a
"smoking bar." Mr. Hanson stated, "Go to any of the communities
that have rejected smoking bans like this one and you will find
that there are more smoke-free establishments than those that
allow smoking." He said this was achieved without a state
mandate "squashing local control and consumer choice." For
example, Mr. Hanson noted that there are 16 establishments in
Kodiak where a person can go for a drink in a smoke-free
environment and only 6 in which patrons are allowed to smoke.
He stated, "Clearly the patrons and employees at bars that allow
smoking have chosen to be in a bar that allows smoking
predominantly because they want to smoke while they work, drink
a beer, or watch a football game."
MR. HANSON continued:
If you believe in local control, then you know that
these decisions have already been made at the local
level, and those decisions should be respected.
Contrary to other testimony you may hear, the vast
majority of Alaskans do have a ... local government
body with the authority to ban smoking.
MR. HANSON stated that Article X of the Alaska State
Constitution clearly provides for maximum, local self-government
and a liberal construction to the powers of local government.
He asked the committee to consider whether a state mandate is
necessary or whether the state could "give it a few years" and
allow local consumers and officials to "get there on their own."
He added, "I assure you they would get there on their own."
8:39:15 AM
REPRESENTATIVE SADDLER asked Mr. Hanson what percentage of
CHARR's membership are smoke-free bars and what percentage allow
smoking.
MR. HANSON answered that he does not know the exact number, but
he ventured that the vast majority of the bars are smoke-free.
8:39:47 AM
REPRESENTATIVE DRUMMOND asked if any of CHARR's members in
Anchorage or elsewhere in the state have gone out of business or
lost business by becoming smoke-free establishments.
MR. HANSON responded that it is difficult to determine the
reason bars go out of business. He said, "Some that did fold
were ... kind of on the ropes to begin with." He said there
were certainly businesses in Anchorage where the smoking ban was
a factor in their demise, but he emphasized that he could not
say exactly that that was the reason they went out of business.
8:41:07 AM
JIM FASSLER testified in support of CSSB 63(FIN). He opined
that "it should have passed years ago." Regarding Mr. Hanson's
previous comment regarding local ability to ban smoking, he
offered his understanding that when Kenai and Soldotna tried to
[establish smoke-free ordinances], "the organizations that were
inside city limits was tougher, because they would have forced
us out of business; they would have closed down our bar; they
would have closed down our revenue source." He interjected that
he is a member of all three military organizations on the
peninsula. He explained that at the time, he had said that he
would "wholeheartedly" support [a smoking ban] if it was imposed
statewide. He urged the committee to pass CSSB 63(FIN) "with or
without the vaping issue."
8:43:09 AM
HANNAH BRICE SMITH, American Cancer Society (ACS) Cancer Action
Network (CAN), stated that she is a nurse who has worked in a
cancer unit for 15 out of 30 years of her career. She indicated
that people present with cancer who have never smoked but who
have worked for years in an environment where there was smoking,
and she asked the committee to imagine what it is like to sit
with someone who has never smoked and explain to him/her that
he/she has lung cancer. She stated that whether a smoking
device is a cigarette, has a filter, or has an "e" before its
name, it carries a carcinogenic that can lead to the diagnosis
of cancer.
MS. BRICE SMITH said the State of Alaska has a responsibility to
protect people. She emphasized that nobody is being asked to
stop smoking or vaping - just to "take it outside." She asked
the committee to do whatever it can to move CSSB 63(FIN) out of
committee and to the floor for a vote.
8:45:39 AM
JENNIFER VARGASON testified that as an ex-tobacco user, she
would support CSSB 63(FIN) without the vaping language; however,
with that language she is compelled to oppose it. She shared
that she is 39 years of age and has been using tobacco products
since the age of 9; her husband was a tobacco user; her youngest
daughter had to use an inhaler, even though neither Ms. Vargason
nor her husband ever smoked indoors. She said her husband used
vaping as an alternative to smoking. She said she felt that
vaping was dangerous and was angry with her husband for bringing
it into their home; however, she observed that her husband,
having quite smoking [combustible cigarettes], had increased
energy and, even though her husband was vaping indoors, her
daughter no longer required breathing treatments.
MS. VARGASON shared her story of addiction to tobacco and a
determination to continue its use that only changed when she
started vaping in September 2014 and ever since has been
tobacco-free. She said, "This technology has helped my family
to become tobacco-free, and I do not want to be forced to be
around tobacco users and their combustible products." She said
people are trying to better themselves by vaping, and CSSB
63(FIN) will only deter tobacco users from trying to quit. She
asked the committee to remove the vaping language from CSSB
63(FIN).
8:48:28 AM
REPRESENTATIVE SADDLER noted that Ms. Vargason had said she was
tobacco-free, and he asked what product is in the e-cigarette.
MS. VARGASON answered nicotine, which she said is a stimulate
like caffeine. She said there is "no combustion in an e-
cigarette at all." She added, "I'm not burning anything, just
boiling."
8:49:27 AM
ALISON HALPIN testified to request that the language regarding
vaping be removed from CSSB 63(FIN). She stated that vaping is
not the same as smoking, because there is no combustion or smoke
produced by vaping products. She indicated that vaping helped
her quit smoking after failing attempts through use of patches,
gums, lozenges, and prescriptions. She said other countries
have embraced vaping: New Zealand is changing its laws to
support its country's smoke-free effort; Australia is doing so
also; England's tobacco usage has dropped by 50 percent by
encouraging vapor products. She asked the committee to consider
the choices made in these other countries and remove vaping from
the language of CSSB 63(FIN). She said a New York state judge
determined that there is no combustion from e-cigs; the
secondhand [effects of e-cigs] is minimal - it compares to
"standing outside next to a running vehicle." She encouraged
the committee to consider the studies that have been done and
the help e-cigs are giving others in ceasing tobacco use.
MS. HALPIN, in response to a question from Representative
Rauscher, clarified that she would support CSSB 63(FIN) if the
language regarding e-cigs and vapor products was removed.
8:52:39 AM
MICHELLE SHAPIRO, Executive Director, testified in opposition to
CSSB 63(FIN). She said the proposed legislation would affect
businesses that have made the decision to allow smoking in their
establishments. She opined that the decision to allow smoking
in a bar should be left to the business owner, who has made the
decision based on the desires of the customers he/she serves.
She said some bars allow smoking just at certain hours to
accommodate both the smokers and non-smokers, usually with the
smoking being allowed during the daytime.
8:54:15 AM
REPRESENTATIVE SADDLER asked what percentage of the Mat-Su CHARR
members are smoke-free.
MS. SHAPIRO estimated that a quarter of the members allow
smoking. She added that most of the members are restaurants or
package stores, which do not allow smoking.
8:55:28 AM
DANIEL LYNCH said he was testifying on his own behalf and
"citizens for common sense and free market economies." He said
where he lives he has access to three "watering holes": one
allows smoking, one does not, and the third allows smoking only
on the deck. He said that is freedom of choice for property
owners, business owners, employees, and customers.
MR. LYNCH said the bill addresses smoking on deck of a vessel,
and he offered his understanding that the bill sponsor had said
it would be "dangerous and miserable to smoke on deck." He
questioned why, then, [members of] private clubs, such as the
Veterans of Foreign Wars (VFW) and the American Legion, must go
outside to smoke in inclement weather. He said, "This bill is
falsely framed as a workplace safety issue or a red herring."
He relayed that on his drive to the Legislative Information
Office to testify, he passed 12 drive-through coffeeshops and 6
drive-through fast food restaurants where employees "get all the
carbon monoxide they can breathe with every customer driving
in."
MR. LYNCH said "we" favor "local option/local control" in terms
of alcohol and marijuana. He said Kenai, Homer, and Soldotna
have already set up local-control smoking regulation, "which
ended up being the middle of the road." He stated, "I find it
extremely troubling that for four years in a row now, I'm forced
to come and testify against this proposed bad idea for the prime
sponsor's shameless self-promotion at a statewide level while
the State of Alaska teeters on financial collapse." He reminded
the committee that over the last decade, the state has gained an
average of $70 million a year in tobacco taxes; "the borough and
cities take in huge amounts of revenue to help keep them solvent
and other taxes lower." He called a tobacco tax "a self-
imposed, voluntary tax on smokers." He noted that CSSB 63(FIN)
has a minimal [fiscal] note, "because it's complaint-driven,
with a $50 fine." He added, "Good luck with that free
enforcement, both statewide and locally."
MR. LYNCH continued:
Previous testifiers stated that ... Bethel became
smoke-free in 1998, so evidence should show that
Bethel is the healthiest region in the state after two
decades of nonsmoking. ... The health care experts'
testifiers make huge statements about death, hearts,
lungs, et cetera, with no provable evidence of these
speculative statements.
In closing, I will thank you for your time and
consideration. I request that you hold this bill in
the bottom of the trash can and let the state of
Alaska be known as the Last Frontier and home to free
market economies and common sense and freedom to
property and business owners - not the nanny state.
8:58:46 AM
REPRESENTATIVE SADDLER asked Co-Chair Fansler to respond to Mr.
Lynch's statement about the outcome of Bethel's smoke-free
status.
8:59:00 AM
CO-CHAIR FANSLER responded that while he has been involved in
many things in Bethel, he is not an expert in health issues. He
noted that there were people from Bethel waiting to testify, and
he suggested perhaps they could address the issue.
8:59:57 AM
KEVIN COLLINS, Owner, Local Legends Vape Shop and Custom E-
liquids, testified in opposition to the inclusion of e-cigs in
CSSB 63(FIN). He said e-cigs are one form of a nicotine
delivery system. He shared that he is a former smoker of over
30 years, who believes that if e-cigs had been introduced
sooner, then his parents - who died from smoking related
illnesses - would still be alive. Mr. Collins indicated that e-
cigs inspired him to create e-liquid, and he stated his goal is
to inspire smokers to switch to e-cigs. He stated that CSSB
63(FIN) does not support e-cigs as a delivery system. He stated
his belief that e-cig users should not be "lumped into the
category of smokers again." He reemphasized that he opposes
CSSB 63(FIN) because of its inclusion of e-cigs.
9:01:30 AM
CANDACE KUCK testified in opposition to the inclusion of "the
vapor language" in CSSB 63(FIN). She mentioned that she owns "a
shop" in North Pole. Ms. Kuck shared that she smoked for almost
20 years and her husband smoked for over 30 years; both quit
smoking on February 7, 2015, by switching to vaping. She
expressed the positive health changes that ensued. She said her
five-year-old commented that the parents "don't stink anymore."
MS. KUCK said she does not understand why she should be lumped
in with tobacco users. She said studies have shown that
regulation on e-cigs could impact them as a cessation tool. She
said the United Kingdom "has a 20 percent higher success rate
for people quitting smoking with vapor products." She
recommended the aforementioned documentary. She said CSSB
63(FIN) is "a secondhand smoke bill" and needs to remain such.
She emphasized, "I don't smoke - I vape." She said she supports
healthier working environments but wants the vape language
removed from CSSB 63(FIN).
9:04:22 AM
LARRY HACKENMILLER testified in opposition to CSSB 63(FIN). He
said he questions the intent of the proposed legislation to
eliminate the presence of secondhand smoke in buildings to
protect the employees from a hazardous workplace condition. He
continued:
Secondhand smoke is not a chemical - it consists of
many chemicals. Some of the chemicals in secondhand
smoke are hazardous toxins and some are identified to
be carcinogens, which have been known to cause cancer.
All of those chemicals are listed in the OSHA Air
Containment Standard 29 CFR 1910.1000 Air Contaminants
List. This is a standard used under the Clean Air
Act, which is enforced by OSHA, on Alaska, by the
Alaska Occupational Safety And Health - AKOSH, they
call it.
Secondhand smoke is a source for many chemicals.
Natural gas emissions are also a source for many
chemicals. The chemicals - hazardous or nonhazardous
- are duplicated in the secondhand smoke source and
the natural gas emission source. Natural gas
emissions do have more fine particulates than those
found in secondhand smokes - more metallic
particulates - which is another concern for your
health. ... Same chemicals - different sources.
In Anchorage and other locations where natural gas is
available, natural gas emissions come from restaurant
deep fryers, grills, flattop pizza ovens, hot water
heaters, and building heating units. Most restaurants
have ventilation systems for their cooking appliances,
except for some pizza ovens, which do not require
ventilation systems.
Common sense would dictate if the intent of this bill
is to protect employees from inhaling hazardous toxins
in the workplace, it would eliminate all sources of
hazardous toxins from the workplace. If the sponsor
and the highly intellectual leaders of our Health and
Social Services Department are sincere in protecting
employees, then natural gas emissions must be banned
in every public building in the state. If common
sense does not dictate the removal of all these
hazardous toxins from a place of employment, we need
not worry.
In that air contaminants list used to enforce indoor
air quality under the Clean Air Act, all these
chemicals have permissible exposure limits - or PELs -
established by the EPA in the Risk Assessment Program
and enforced by OSHA and AKOSH. This list clearly
shows that all the identified hazardous toxins found
in secondhand smoke and natural gas emissions -and
even vehicle emissions - do not exceed the permissible
exposure limit for inside a public building and are
considered safe to inhale under those limits.
The sponsor of the bill knows this; the highly
intellectual leaders of our Health and Social Services
Department know this. If the distinguished members of
this committee would question the sponsor or Health
and Social Services on line, OSHA and AKOSH do not
classify secondhand smoke as a hazardous work
condition, perhaps they can site the science they use
other than what the surgeon general says.
MR. HACKENMILLER indicated his willingness to remain on line to
discuss the conflicts of the wording in CSSB 63(FIN) and to
answer questions.
9:08:15 AM
JAMIE HANSEN acknowledged those who had already testified on the
importance of e-cigs in helping them to quit smoking. She
emphasized the dangers of cigarettes; however, she stated her
concern that excluding e-cigs from the bill would essentially
give the message from the state that e-cigs are safe. She said,
"That is something that I simply cannot accept." She mentioned
the surgeon general's warning in 2016 regarding the danger of e-
cigs to children and young adults up to age 20. She said she
thinks there is enough science already to know that e-cigs and
vaping should not be included in the workplace, because they are
hazardous. She opined that the bigger issue is that the state
is refusing to acknowledge the education of the public.
9:09:47 AM
REPRESENTATIVE SADDLER noted that the state does allow people to
do things that are bad for them. For example, one could argue
that alcohol is bad for people, and the state regulates alcohol
but does not prohibit it. He asked Ms. Hansen, "To what extent
should the state regulate people's choices that may be bad for
them?"
MS. HANSEN answered that she thinks most important is that
"vaping and smoking cigarettes affects those outside, so it is
not simply an individual decision." She said that is where CSSB
63(FIN) "is coming to" and where "the issue of both
normalization and education holds that it is simply not safe for
those around those who are smoking."
REPRESENTATIVE SADDLER asked, "So, are there any limits to what
the state should be able to do to protect individual health?"
MS. HANSEN answered yes. She said she respects those who
support personal liberty, and she supports it, as well; however,
she indicated her top priority is the right to breathe smoke-
free air. Second to that, she said, would be the state's
support of the educational value of [a smoke-free environment].
In response to a follow-up question from Representative Saddler,
she confirmed that this is not a personal preference that could
extend to personal use of perfumes or colognes; this is a health
concern.
9:12:24 AM
ASHLEY PELTIE testified in support of CSSB 63(FIN) and strongly
urged the committee to keep the language pertaining to e-cigs
intact. She opined that it is counterintuitive to pass "a
statewide smoking law" and "exempt something that still puts
people at risk and makes business owners have a harder time
enforcing a law." She urged the committee to get CSSB 63(FIN)
to the floor for a vote, because "Alaskan workers cannot afford
to wait any longer."
9:13:46 AM
NOEL CROWLEY BELL testified in support of CSSB 63(FIN), as
written. She echoed previous testimony regarding the 2016
surgeon general's report, which "clearly illuminates the science
and the uncertainty of the secondhand aerosol that is expelled
when people vape." She said the proposed bill is needed to
protect the health of all Alaskans, not just those in
communities that have already established health policies. She
said [CSSB 63(FIN)] is not about the restriction of vaping or
removing the rights of Alaskans to "choose a quit method"; it is
about "protecting the rights of workers in their place of
employment and giving them the opportunity to breathe clean air
as they work throughout the day." She concluded that the
proposed legislation simply would ask smokers and vapers to
"take it outside."
9:15:32 AM
CHRYSTAL SHOENROCK, Owner, Forelands Bar; Secretary, Kenai
Peninsula CHARR, testified in opposition to CSSB 63(FIN). She
explained that CSSB 63(FIN) would take away the rights of owners
to speak with their customers about the choice whether to go
smoke-free. She said if the majority of her customers wanted
the bar to go smoke-free, then she would make that happen;
however, the majority of customers smoke and all of her
bartenders smoke. She stated, "My dad lived to be 100 years
old; he smoked every day of his life. He didn't die of cancer;
he died of old age." She said she understands that smoking is
not good for a person, but it is a personal choice whether to
smoke. She said soldiers have died protecting freedoms that are
increasingly being taken away. She reiterated that she thinks
the owners should be permitted to make the decision - not the
government exercising another form of control. She said bars
need to be taken out of the equation, because there are many
smoke-free bars on the Kenai Peninsula and only a few that allow
smoking; the people choose which bar to patronize.
9:18:18 AM
JENNIFER BRANDT testified in support of CSSB 63(FIN). She
shared that up until last year she had worked in a building that
allowed smoking outside, with no requirements regarding how far
away from the building smokers must be. She said people smoked
right next to the exhaust intake, often filling her office with
secondhand smoke. She said she developed a chronic cough and
had to look for another job. She said she was fortunate to find
work at a smoke-free campus, but said others are not so
fortunate. She asked the committee to protect hardworking
Alaskans by passing CSSB 63(FIN).
9:19:24 AM
REBECCA "BECKY" STOPPA testified in support of CSSB 63(FIN),
with the inclusion of e-cigs. She said she is a life-long
nonsmoker, who has suffered from asthma, which she is certain is
due, at least in part, from exposure to secondhand smoke during
her youth and as a young adult working in establishments that
allowed smoking. Ms. Stoppa said today she is fortunate to live
in a community and work in an environment, both of which do not
allow smoking in the workplace. She stated her belief that it
is important to extend the same workplace protection to all
Alaskans. She encouraged the committee to keep the vaping
language in the proposed legislation, because "we know that e-
cigarettes and ... vape liquid ... [have] many of the same toxic
chemicals found in regular cigarettes, and ... the consequences
could be just as dire." Ms. Stoppa said the language, as
written, does nothing to prevent people from vaping; it would
simply ask them "to take it outside, just like smokers."
9:21:03 AM
LINCOLN BEAN, Chair, Alaska Native Health Board, testified in
support of CSSB 63(FIN), as follows:
The use of tobacco is the nation's number one cause of
preventable death, killing nearly 600 Alaskans each
year from direct tobacco use. In 2012, Alaska spent
$538 million in medical expenditures [and] an
additional $231 million in lost productivity due to
tobacco related deaths.
At twice the rate of non-Natives, 42 percent of Alaska
Natives smoke and 15 percent use smokeless tobacco.
Cancer is the leading cause of death among Alaska
Native people, and lung cancer is one of the most
frequently diagnosed cancers. Heart disease is the
second leading cause of death among Alaska Native
people, and smoking and exposure to secondhand smoke
are major risk factors for heart disease.
Not all Alaskans are protected from ... [exposure to]
secondhand smoke. Currently smoke-free workplaces
cover only half the state's population and many
boroughs lack the authority necessary to pass a local
law. The only way for Alaska to protect from the
harmful effects of secondhand smoke is through a
statewide, smoke-free workplace law. Among Alaska
Native adults, 89 percent believe smoking should [not]
be allowed in an indoor work area and 86 percent
support smoke-free in restaurants.
Currently there's not enough evidence to say that
electronic cigarettes are an effective cessation
device. The long-term health impact of electronic
cigarettes ... [is] also unknown, as they are largely
unregulated, and the amount of nicotine and other
chemicals aren't known. Thorough analysis has shown
potentially harmful ingredients, including: ...
ultrafine particles that can be inhaled deep into the
lungs; flavorings such as (indisc.) - a chemical
linked to serious lung disease; volatile organic
compounds; and heavy metals, such as nickel, tin, and
lead. 72 percent of Alaskans supported the e-
cigarettes in statewide, smoke-free workplaces.
9:23:45 AM
TERESA HOLT, State Long Term Care Ombudsman, Alaska Long Term
Care Ombudsman, testified in opposition to CSSB 63(FIN). She
explained that many residents in nursing facilities and assisted
living homes would not be able to walk the 20-foot distance from
an entrance or window to smoke, as would be required under CSSB
63(FIN). She said these facilities are essentially homes to
their residents, and while most do not allow residents to smoke
in the homes, residents are allowed to smoke in the garage or on
the back deck, where staff can keep watch on them without coming
into contact with secondhand smoke. She remarked that some of
these folks are in their 80s and have been smokers for [the
majority of] their lives. She said the Alaska Long Term Care
Ombudsman would like to see an amendment to CSSB 63(FIN) that
would allow these residents to continue to be allowed to smoke
in the garage or out back.
9:25:15 AM
CO-CHAIR PARISH remarked that that is "a nuance" that the
committee may not have considered. He asked Ms. Holt if she
thinks passage of CSSB 63(FIN) would result in any practical
change in the way business is conducted [in the nursing
facilities and assisted living homes]. He added, "I can't
imagine troopers kicking down doors on this subject."
MS. HOLT answered that she thinks the homes would not allow
smoking if a complaint was filed either by a resident or staff
person. She said on the nonsmoking campuses people have wanted
to smoke so badly that they walked off campus, fell, and broke
their hip or had to stand outside in freezing weather conditions
to smoke.
9:27:12 AM
MEGAN TALLY testified in support of CSSB 63(FIN). She said as a
former smoker, she recognizes the challenges of quitting. She
encouraged the committee to keep the language pertaining to e-
cigs in CSSB 63(FIN), because she conducted an on-line search
and found "plenty of other issues that come up with e-cigarette
use, even though it is technically not the same as smoking."
She urged the committee to move the bill out of committee
quickly on behalf of Alaskans who want clean air to breathe.
She added that it makes it easier on a former smoker not to have
to smell smoke and desire to smoke as a result.
9:28:47 AM
JOEL MEDENDORP noted that he works in the healthcare industry,
with a background as a respiratory therapist, invasive
cardiological technician, and a certified pulmonary function
technician, but he is testifying on his own behalf. Regarding
local option/local control, he said for the vast geographic
majority of Alaska, state government is the local government.
Glennallen, for example, is unincorporated. He said the surgeon
general has established that e-cigs are not safe.
MR. MEDENDORP posed a question regarding rights: "Why is it in
our state venue to control someone's right to smoke or vape or
any of that?" He offered an anecdotal response that he drinks
diet soda, which some believe to be toxic. He said he would not
argue whether diet soda is or is not toxic, but he pointed out
that when he drinks it, he is making the choice to ingest it,
but he is not "pouring [it] over your head or smearing it on
surfaces or spraying it through the air," which he said is what
happens when people smoke or vape inside a closed space. He
added that it is not only the air that is affected; residue
lands on surfaces and transfers to people's hands or clothes.
He said if he entered a cigarette or cigar shop or an e-cig
shop, then he would expect to be exposed; however, he would not
expect "to be exposed to this stuff unknowingly" when going to
places where people have smoked and where he does not know
whether anyone has smoked or not.
MR. MEDENDORP concluded, "The only thing that's interesting to
me is the question about assisted living; that's a thought I
hadn't thought of before; but other than that, I'm in full
support of SB 63, as it's written."
9:31:43 AM
JANET KINCAID, Owner, Colony Inn, described herself as "an old
coot" who has been in Alaska since before statehood. She said
at one time smoking was allowed everywhere, including in
hospitals, because no one knew the health risks; therefore, she
advised that it would be a mistake not to include vaping in CSSB
63(FIN), because not everything is known about the detriments of
vaping.
MS. KINCAID related that her business was the first in downtown
Palmer to become smoke-free. As the face of the smoke-free
[movement], she said she "got a lot of hits from the bar
owners," including a banner flown to boycott her business,
because people feared she was taking away their rights. Ms.
Kincaid said the bar owners ultimately discovered that a benefit
of going smoke-free was that they gained customers. She said
another benefit is not having to clean as often. She indicated
that if anyone ever cleaned a wall in a room where there was
heavy smoking, then he/she would be appalled at what people in
the room were inhaling in their lungs.
MS. KINCAID said she has one of the only 24-hour restaurants in
the Matanuska-Susitna Valley. Becoming a smoke-free
establishment has resulted in other benefits: tables turn over
faster and kids don't carve up the tables. She emphasized her
strong support of CSSB 63(FIN). In response to a request from
Vice Chair Fansler, she stated that in addition to owning the
Colony Inn, she also works at the Valley Hotel, which she
indicated comprises the Caboose Lounge, Iron Horse Liquor, and
the Round House Caf?.
9:34:59 AM
MARGE STONEKING, Executive Director, American Lung Association
(ALA), stated that ALA's mission includes fighting for healthful
indoor and outdoor air for the prevention of lung disease and an
improvement of lung health for those with lung disease. She
reported that she is one of the approximately 100,000 Alaskans
with lung disease. She expressed appreciation for the stories
shared by those who have converted from cigarettes to vapor
products, but said "this is not about the liberty to use vapor
products." She said CSSB 63(FIN), in its current form, exempts
vape shops from the bill. She said the people who vape want to
be able to do so anywhere in Alaska, including indoors, but
there are harmful ingredients in e-cigarettes.
MS. STONEKING referred to a letter of evidence from the Center
for Disease Control and Prevention, which is included in the
committee packet, which lists the ingredients in secondhand
aerosol: nicotine, a psychoactive neurotoxin; ultrafine
particles that can be inhaled deep into the lungs; flavorings,
such as diacetyl, which is linked to a serious disease, called
"popcorn lung"; volatile organic compounds; and heavy metals,
such as nickel, tin, and lead. She said, "This is what we're
talking about, in terms of secondhand exposure; this ... is not
a proven safe product to be able to expose others to."
MS. STONEKING said CSSB 63(FIN) would allow all Alaskans to
breathe smoke- and aerosol-free air at work and in public
places. She echoed previous testifiers who said that the
proposed legislation would simply ask those who use to "take it
outside." She called attention to the Dittman poll, included in
the committee packet, which notes that not only do 69 percent of
Alaskans support a statewide smoke-free workplace law, but 72
percent of Alaskans support the inclusion of e-cigarettes. In
conclusion, Ms. Stoneking said, "So, this is not about the right
... or prohibition to vape or not; this is about protecting
others from secondhand exposure to known neurotoxins and other
toxic chemicals."
9:38:02 AM
SHARON WOLKOFF testified in support of CSSB 63(FIN). She said
she thinks e-cigarettes should be included and [their use]
should not be normalized for children. She mentioned the opioid
epidemic and suggested the possibility that other drugs could be
in e-cigs. She said she wants to have the peace of mind in
knowing that she is not breathing in secondhand drugs. She
placed emphasis on the protection of children. She mentioned
budget cuts and reform in healthcare, and she opined that "this
will improve the health of a lot of people." She indicated that
she thinks [CSSB 63(FIN)] should "stay as it is." She said
people can get exposed to the chemicals left behind in a bar,
even if no one is currently smoking there; therefore, she said
she does not think the idea of limiting smoking hours in a bar
will work. She urged the committee to pass CSSB 63(FIN) and
protect communities.
9:40:58 AM
ALEX MCDONALD, Owner, Ice Fog Vapor, stated, "We're on the same
team as far as trying to reduce tobacco use and related illness
in the state." He shared that he lost his grandmother to lung
cancer and he used to smoke. Notwithstanding that, he said this
legislation is being heard for the fifth year in a row, and he
still opposes it; each year research and reports are published
that support his concerns with the legislation. He said the
inclusion of vapor products in CSSB 63(FIN) "is contrary to
public policy suggestions from experts and organizations around
the world." He relayed that both "Public Land England" and the
Heartland Institute in the U.S. have issued statements that the
inclusion of vapor products in any clean air bills is bad
policy, and those entities site studies showing that "there's no
concern for harm for bystanders" and "forcing former smokers to
use their vapor products in smoking areas leads to increased
relapse" and "dual use."
MR. MCDONALD said most people who use vapor products are former
smokers or people trying to quit smoking, and asking them to go
to smoking areas makes as much sense as "asking [Alcoholics
Anonymous] (AA) to hold meetings at a bar." He questioned how
that would better public health, and he pointed out that CSSB
63(FIN) would actually "force people into smoking areas to
breathe secondhand smoke to use a smokeless product."
MR. MCDONALD noted that in the last few weeks, New Zealand
legalized the sale of nicotine-containing e-liquids to assist in
the country's efforts to have a smoke-free country by 2525. He
said vapor products are currently covered under [New Zealand's]
Clean Air Act, but the country is looking to amend them to
exclude vapor products. Mr. McDonald said the United Kingdom
has the same goal to be smoke-free; however, the country treats
combustible products and smokeless products as separate,
"because they're not the same thing." He relayed that this year
the Royal College of Physicians stated that electronic
cigarettes are at least 95 percent safer than smoking. The
United Kingdom does not include vapor products in their clean
air laws, because they do not produce smoke and "there's no
concern for secondhand exposure." Mr. McDonald said the Office
of National Statistics reported that 56.7 percent of smokers in
the UK quit smoking last year. He suggested that "we can have
the same result."
MR. MCDONALD said new vape shops would not be exempted under
CSSB 63(FIN); they would need to purchase and install a
ventilation system, which could cost $3,000-$50,000. Further,
he said in Fairbanks, "every suite has an Arctic entry that
opens into a common area." He said the vape shop owner would
have to get permission from the property owner to cut a doorway
in the outside wall and pay for the installation of the door.
Higher heating costs and increased security issues would result.
MR. MCDONALD reiterated that he is on the side trying to ensure
public health. He opined that smokeless products should not be
included in CSSB 63(FIN). He shared that as someone who once
worked in a group home and had to assist blind people to smoking
areas, he concurs with the former testimony of the ombudsman
that assisted living homes should be excluded, because he said
that "that is a health and safety concern."
9:46:13 AM
CO-CHAIR FANSLER, after ascertaining that no one else wished to
testify, closed public testimony on CSSB 63(FIN).
9:47:13 AM
CO-CHAIR PARISH questioned what effect CSSB 63(FIN) would have
on underage smoking.
9:47:28 AM
JOE DARNELL, Investigator IV, Tobacco Youth Education &
Enforcement Program, Division of Behavioral Health, Department
of Health and Social Services (DHSS), answered that vaping
"renormalizes smoking in public"; therefore, he opined that the
language regarding vaping should remain in CSSB 63(FIN). He
said in the last 20-30 years, people have become accustomed to
seeing people go outside to smoke and would react with shock if
someone lit up a combustible cigarette in, for example, this
committee room. He reiterated that allowing vaping indoors
would renormalize smoking indoors.
9:48:42 AM
REPRESENTATIVE WESTLAKE said the committee has heard from many
testifiers that vaping can help people quit using combustible
cigarettes.
MR. DARNELL said when talking about "less harm," while it may be
true that vaping can help some adults quit smoking, [the use of
vaping products] "is initiating children into smoking." He
named the following flavors used in vape products: cherry,
gummy bear, cotton candy. He said his program's research found
that the sell rate [of vape products] to minors is 28 percent in
the state and 50 percent in Anchorage alone. He said this shows
that vaping is being used as an initiation for children. He
said, "So, to keep the vape language in this bill, I feel, is
extremely important." In response to Co-Chair Parish, Mr.
Darnell said that by comparison, the sell rate of tobacco to
minors is 5-6 percent statewide and just under 3 percent in
Anchorage. He talked about checking vape shops and helping
their workers "do business the way they're supposed to." He
said after 15 minutes in a vape shop his lungs will burn for 3-4
hours afterwards. He acknowledged that there is no science
behind that statement, but that is how he feels.
9:52:33 AM
REPRESENTATIVE DRUMMOND asked if there is an age restriction
related to vaping products.
MR. DARNELL answered the age restriction is currently 19, the
same as for cigarette smoking. He mentioned there is another
Senate bill that is attempting to "tighten that language." In
response to a follow-up question, he confirmed that he has found
that the vaping products are being sold to minors at a high
rate.
CO-CHAIR PARISH said he finds this information alarming that the
sell rate of vaping products to youth is almost six times the
sell rate of tobacco to youth. He asked if Mr. Darnell includes
18-year-olds in those statistics.
MR. DARNELL answered that the program checks the ages of 16 and
17. He indicated the reason for using that age range is to not
trick anyone by gathering a statistic on someone who might be
turning 19 in two days. He said the majority [of sellers] did
not even ask for identification ("ID").
CO-CHAIR PARISH offered his understanding that the other Senate
bill mentioned by Mr. Darnell is aimed at making the penalties
more stringent and "the education more comprehensive for these
folks." He asked, "What's the solution to the problem?"
9:54:25 AM
MR. DARNELL answered that SB 15 is the legislation that would
tighten the law regarding vaping products to be more in line
with that of tobacco products. He said his program checked all
the shops it could find; however, the vaping shops are not
currently required to have any kind of endorsement. He
explained that currently tobacco [sellers] must have a business
license and a tobacco endorsement, which makes it easier to
figure out where all the tobacco shops are by searching the
endorsements. In order to find vape shops, a search is done on
line by using various words, including "vape," "ice," or
"cloud." Mr. Darnell said that leaves the possibility that if a
certain word was not put in a search, then a vape shop could go
undiscovered. For example, he said he found out only because of
a complaint from a parent that there is a vape shop in Juneau,
named "Global Communications." Half the store sells
international calling cards and the other half sells vape
supplies. He emphasized that his program would never have found
that store just doing a search, and that is why the addition of
the endorsement requirement is so important, which is what is
being attempted under SB 15.
CO-CHAIR PARISH asked what proportion of underage smokers begin
nicotine use through vaping.
MR. DARNELL said he does not know.
9:56:55 AM
CO-CHAIR FANSLER reminded members to submit amendments no later
than 24 hours before the next hearing, which he said would be on
Tuesday, April 25, 2017.
9:57:58 AM
CO-CHAIR PARISH requested documentation regarding "the sell
rate."
9:58:22 AM
SENATOR MICCICHE, Alaska State Legislature, as prime sponsor of
CSSB 63(FIN), noted that he has actively pushed this issue for
the last two years. He said he has a solution for the assisted
living home. He said he is not against vape shops. In fact, he
said, the bill separates vape shops so that existing ones can
continue to operate as they currently do. Under CSSB 63(FIN),
only new vape shops would have to have improved ventilation. He
said employees should not be subject to breathing [unhealthy
air]. He said he would not support legislating what people do
in their homes. He added, "In fact, we changed the bill
specifically on someone who receives health care in their home."
Regarding the comment about the [diet] drink, he said, "When
someone drinks a sugary drink, they don't spit it into my
mouth." He stated that CSSB 63(FIN) is specifically about
"balancing the rights of the smoker with the rights of the
nonsmoker," and "we made it as easy as we possibly can through
this process for the smoker" by simply requiring smokers to
"take it outside - not very far outside - just outside."
SENATOR MICCICHE said he is "always happy to see a better bill."
Notwithstanding that, he said he had hoped that CSSB 63(FIN)
would move out of committee today, but he asked the committee
members to consider that the proposed legislation has a long way
to go through the legislative process, and he requested that the
bill be given a chance to be heard. He expressed appreciation
to both co-chairs for the time spent on CSSB 63(FIN).
10:00:39 AM
CO-CHAIR FANSLER asked Senator Micciche if he has an amendment
to address the issue of the assisted living homes.
SENATOR MICCICHE answered yes. He said he had it drafted for
the next committee, which is where he had anticipated more of
the changes to the bill being made. He said the amendment is a
simple fix that would lessen the distance a person would have to
be from a door.
CO-CHAIR FANSLER offered that the House Community and Regional
Affairs Standing Committee would be willing to offer that
amendment.
[CSSB 63(FIN) was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB33 ver A 1.18.17.pdf |
HCRA 4/18/2017 8:00:00 AM |
HB 33 |
| HB33 Supporting Documents AFN Resolution.pdf |
HCRA 4/18/2017 8:00:00 AM |
HB 33 |
| HB 33 Fiscal Note DOA.pdf |
HCRA 4/18/2017 8:00:00 AM |
HB 33 |
| HB33 Supporting Documents AFN Letter to Governor.pdf |
HCRA 4/18/2017 8:00:00 AM |
HB 33 |
| HB33 Supporting Documents ADN.pdf |
HCRA 4/18/2017 8:00:00 AM |
HB 33 |
| HB33 Sponsor Statement 3.28.17.pdf |
HCRA 4/18/2017 8:00:00 AM |
HB 33 |
| CSSB063 Sectional Analysis Ver. N 3.29.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Explanation of Changes Ver. U to Ver. N 3.29.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Resolutions of Support 3.29.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Ver. N 3.29.2017.PDF |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Fiscal Note DCCED-AMCO 4.6.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Fiscal Note DEC-FSS 4.6.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Fiscal Note DOT-COM 4.6.2017.PDF |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Sponsor Statement 3.29.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 DPS-DET 4.6.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Fiscal Note DHSS-CDPHP 4.6.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Resolutions of Support 3.29.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Support Document - Evidence on Secondhand Smoke 3.29.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Support Letters 3.29.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Support Document - Dittman Survey 3.29.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 email opposing, amend.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| SB 63 Maniilaq 17-06 Supporting a Smokefree Alaska.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| SB 63 Electronic_Nicotine_Delivery_Systems_Key_Facts_Infographic_CDC.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| SB 63 ecigarette-secondhand-aerosol.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| SB 63 E-cigarette nicotine labels not always accurate -- ScienceDaily.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| SB 63 ASHRAE_PD_Environmental_Tobacco_Smoke_2013.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| SB 63 - States Map Smoke-Free.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| CSSB063 Resolutions of Support UPDATE 4.11.2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| SB 63 Addnl Support 4-12-2017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |
| SB064 DoD 4-6-2017Addnl Comments UECA Bill.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 64 |
| SB064 DEC response to DoD 4-6-2017 Addnl Comments.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 64 |
| SB 63 email opposing 03302017.pdf |
HCRA 4/13/2017 8:00:00 AM HCRA 4/18/2017 8:00:00 AM |
SB 63 |