Legislature(2017 - 2018)BARNES 124


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
Moved SB 64 Out of Committee
Moved CSHB 201(CRA) Out of Committee
                  SB  63-REGULATION OF SMOKING                                                                              
9:00:00 AM                                                                                                                    
CO-CHAIR PARISH 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."                                                                              
9:00:24 AM                                                                                                                    
SENATOR  PETER  MICCICHE,  Alaska  State  Legislature,  as  prime                                                               
sponsor, presented  SB 63.   He  said as a  former mayor  of five                                                               
years, he believes  in local control; however, he  said over half                                                               
the state does  not have local control issues.   He reported that                                                               
there are more people dying  annually from the effects of tobacco                                                               
than  from  suicide,  motor  vehicle  accidents,  homicides,  and                                                               
chronic liver  disease combined.   He  reminded the  committee of                                                               
the connection  between chronic liver  disease and  Alaska's huge                                                               
problem with alcohol abuse.                                                                                                     
SENATOR  MICCICHE  talked  about  the  balance  between  people's                                                               
freedom and liberties  and public safety, and he said  there is a                                                               
saying that a  person has a right to swing  his/her arms at will,                                                               
until  he/she makes  contact with  his/her neighbor's  nose.   He                                                               
said  Senator Giessel  had  spoken in  support of  SB  63 on  the                                                               
Senate floor  and had mentioned "Hamilton's  statement," which he                                                               
summarized as  saying that  the ultimate  property right  is "the                                                               
right of your person."                                                                                                          
SENATOR MICCICHE said SB 63 would  ask that employees in the work                                                               
place  go outside  to  smoke; the  legislation  would not  affect                                                               
smokers at  home or smokers in  their places of business  if they                                                               
do not have  employees.  He stated, "Over half  the population of                                                               
the state  are currently  living under  smoke-free laws  that are                                                               
very similar to  SB 63; this covers the remainder  of the state -                                                               
most  of them  not  having  the ability  in  our  current law  to                                                               
essentially regulate themselves."                                                                                               
9:02:18 AM                                                                                                                    
SENATOR  MICCICHE  said  [vapor pens]  ("vapes")  and  electronic                                                               
cigarettes ("e-cigs")  are different from tobacco.   He indicated                                                               
that SB  63 would grandfather vape  shops and allow new  shops in                                                               
the  future if  the  shop  has a  separate  air handling  system.                                                               
However, in terms  of "vaping" indoors, he said he  does not want                                                               
employees forced  to breath "whatever  it is that those  using an                                                               
electronic or  vape device  are exhaling."   He stated,  "This is                                                               
not  about the  right of  the smoker  to smoke;  it is  about the                                                               
rights   of  nonsmokers   to  breathe   smoke-free  air   in  the                                                               
SENATOR  MICCICHE  noted  there  is   a  Dittman  survey  in  the                                                               
committee packet.   He said, "The fascinating thing  is, even the                                                               
majority of  smokers support this  legislation."   He recollected                                                               
that 85 percent  of Alaskans who smoke do not  smoke in their own                                                               
homes.   He  said,  "We're just  gently asking  them  to take  it                                                               
outside."   He  illustrated that  the penalties  set under  SB 63                                                               
would be  low.  He relayed  that there were people  available for                                                               
9:05:07 AM                                                                                                                    
RACHEL  HANKE,  Staff,  Senator  Peter  Micchiche,  Alaska  State                                                               
Legislature,  in  response  to  a  question  from  Representative                                                               
Rauscher and on  behalf of Senator Micciche, prime  sponsor of SB                                                               
63, noted that the next committee  of referral for SB 63 would be                                                               
the House Judiciary Standing Committee.                                                                                         
9:07:01 AM                                                                                                                    
EMILY  NENON,  Alaska  Government  Relations  Director,  American                                                               
Cancer Society  (ACS) Cancer Action  Network (CAN),  relayed that                                                               
in  1998, Bethel  was the  first community  in Alaska  to pass  a                                                               
smoke-free law.  She echoed  the sponsor's comment that currently                                                               
about half of Alaska has passed  similar laws at the local level,                                                               
including the  communities of Bethel, Barrow,  Juneau, Anchorage,                                                               
Dillingham,  Unalaska,  Nome,  and   Palmer.    Since  1998,  she                                                               
reported  things  have  changed.   For  example,  there  is  more                                                               
information now than there was then.                                                                                            
MS. NENON stated that in 2006,  the U.S. Surgeon General issued a                                                               
report on  the health  effects of secondhand  smoke, in  which he                                                               
established  that  there   is  no  safe  level   of  exposure  to                                                               
secondhand smoke  and that ventilation  and air  cleaning systems                                                               
do not work to remove  carcinogens or ultrafine particles.  Since                                                               
then, she said,  the body that sets standards  on air ventilation                                                               
has added e-cigs to that list.                                                                                                  
MS.  NENON, regarding  health,  related  that passing  smoke-free                                                               
laws  has  resulted  in  an approximate  15-20  percent  drop  in                                                               
admissions  to  hospitals  for heart  attacks,  acute  myocardial                                                               
infarction, and  pregnancy complications.   She said  once e-cigs                                                               
came on  the market in  about 2006,  the laws since  then mention                                                               
them.   She said, "We  know that nonusers  can be exposed  to ...                                                               
the same potentially  harmful chemicals as users.   We don't know                                                               
what's in every  single one, but they have been  found to contain                                                               
nicotine,   tobacco-specific   nitrosamines,    which   are   the                                                               
carcinogens  that  are  specific to  tobacco,  and,  particularly                                                               
concerning, those  ultrafine particles that  can go deeper  in to                                                               
the lungs."                                                                                                                     
MS. NENON continued as follows:                                                                                                 
     I want to  just mention, for the purposes  of this bill                                                                    
     here, we're not having  a conversation about the safety                                                                    
     of  e-cigarettes versus  ... the  traditional combusted                                                                    
     cigarette; we're  just talking about taking  it outside                                                                    
     and protecting nonusers.                                                                                                   
     So, today,  with about half  the state covered  and not                                                                    
     all local  communities having the  power to do  this at                                                                    
     the local  level, we are here  before you.  We  do have                                                                    
     strong support,  as Senator Micciche mentioned,  in our                                                                    
     instant  polling,  but we  also  have  gathered over  a                                                                    
     thousand  resolutions of  support from  all corners  of                                                                    
     the state over the last few years.                                                                                         
     ... To  sum up:   We're  just asking  folks to  take it                                                                    
     outside,  because everyone  has  the  right to  breathe                                                                    
     smoke-free air.                                                                                                            
9:11:03 AM                                                                                                                    
REPRESENTATIVE RAUSCHER asked  Ms. Nenon to confirm  that she had                                                               
said some  municipalities are  not currently  able to  "make this                                                               
law right now."                                                                                                                 
MS. NENON responded yes.                                                                                                        
REPRESENTATIVE   RAUSCHER  asked   for  a   reason  behind   this                                                               
MS. NENON offered her understanding as follows:                                                                                 
     It has to do with the  powers that have been adopted in                                                                    
     corporation,  particularly  for   ...  the  unorganized                                                                    
     borough  -   places  that  you   don't  have   a  local                                                                    
     government  - and  then also  for some  of the  second-                                                                    
     class boroughs.                                                                                                            
9:11:53 AM                                                                                                                    
CO-CHAIR PARISH announced his intent  to open public testimony on                                                               
Tuesday, [April 18, 2017].                                                                                                      
9:12:23 AM                                                                                                                    
REPRESENTATIVE  WESTLAKE asked  what the  barrier is  in allowing                                                               
each municipality to exercise local  control over this issue.  He                                                               
said he is asking from the  perspective of the business owner who                                                               
may want  to do what  he/she pleases  while the state  is telling                                                               
him/her what to do.                                                                                                             
MS.  NENON  responded that  ASC  CAN  thinks everyone  should  be                                                               
protected  from  second-hand smoke,  and  she  said that  is  her                                                               
answer  to the  local control  issue, because  this is  a serious                                                               
health  hazard and  standards  need  to be  set  statewide.   She                                                               
deferred to municipal attorneys around  the state to speak on the                                                               
specific challenges related to municipal powers.                                                                                
REPRESENTATIVE WESTLAKE  remarked on  the choice one  has whether                                                               
to frequent  an establishment and  the imposition of values  on a                                                               
business that  is owned by  someone who  may feel he/she  has the                                                               
right to smoke in his/her own place of business.                                                                                
MS.   NENON  said   she  understands   Representative  Westlake's                                                               
question, because  she has had  a similar conversation  with many                                                               
Alaskans over the  last 15 years.  She stated,  "This is a health                                                               
and safety issue;  this is ..., we believe,  an appropriate place                                                               
for  government intervention,  just as  government intervenes  in                                                               
the temperature  of the dishwater  that's used in  the restaurant                                                               
that's ... washing  your dishes or saying that  asbestos can't be                                                               
used in your ... facility."                                                                                                     
REPRESENTATIVE WESTLAKE  said it  is difficult to  understand the                                                               
premise that  the rights of  a nonsmoker to dictate  where people                                                               
should  [not  smoke] are  "more  than  anybody  else who  owns  a                                                               
MS. NENON  deferred to others  to respond, but remarked  that she                                                               
doubted anyone would  be surprised to hear that the  ACS wants to                                                               
"protect everyone from secondhand smoke."                                                                                       
9:15:17 AM                                                                                                                    
REPRESENTATIVE  RAUSCHER noted  that some  cigars stores  have an                                                               
area in  which customers are allowed  to try out product,  and he                                                               
asked how that  would work in a municipality that  decides to "go                                                               
MS. NENON answered that SB 63  has a provision that would address                                                               
tobacco use  in tobacco shops  within standalone buildings.   She                                                               
said, "Because we  know that ventilation systems  don't work, you                                                               
wouldn't want somebody in a  strip mall having smoking right next                                                               
to another building."  She  added that there were people prepared                                                               
to testify regarding their experiences in strip malls.                                                                          
9:16:28 AM                                                                                                                    
BOB URATA, MD,  related he is a family physician  born and raised                                                               
in Wrangell, Alaska, a graduate  of the first Washington, Alaska,                                                               
Montana,  Idaho  Medical  Education   Program  (WAMI)  [with  the                                                               
edition  of Wyoming  in 1996,  now called  WWAMI], and  a 16-year                                                               
American Heart  Association (AHA)  volunteer.  He  stated support                                                               
for SB 63 and  the inclusion of e-cigs.  He said  he is also here                                                               
to  represent  his  past  and   future  patients,  including  his                                                               
children and grandchildren.                                                                                                     
DR. URATA continued as follows:                                                                                                 
     Cigarette  smoking  continues  to the  be  the  leading                                                                    
     cause of  preventable death in  America and  in Alaska.                                                                    
     In Alaska,  cancer, heart disease,  and stroke  are the                                                                    
     number one and  two causes of death.   Smoking not only                                                                    
     claims the lives  [of those] who smoke  or use tobacco,                                                                    
     but  also those  who are  exposed to  secondhand smoke.                                                                    
     In  fact, just  30  minutes of  exposure to  secondhand                                                                    
     smoke rapidly impairs the  vascular function, and long-                                                                    
     term exposure  to secondhand  smoke is  associated with                                                                    
     25-30  percent  increased   risk  for  coronary  artery                                                                    
     disease or heart attacks in adult non-smokers.                                                                             
DR. URATA said,  "It is expensive."  He related  that the [Center                                                               
for  Disease   Control]  (CDC)  reports  that   secondhand  smoke                                                               
exposure  costs the  United States  $6.6 billion  a year  in lost                                                               
productivity.    He  surmised that  Alaska  would  probably  save                                                               
millions  in Medicaid  if  SB  63 becomes  law.    He noted  that                                                               
studies conducted  in at least  10 communities or more  have been                                                               
published   in   peer  review   journals   and   show  that   the                                                               
implementation  of smoke-free  laws decreases  the occurrence  of                                                               
heart  attacks.   He  reported that  in  Pueblo, Colorado,  three                                                               
years after implementation of smoke-free  laws, the city saw a 41                                                               
percent decline of  heart attack hospitalization.   He noted that                                                               
Helena,  Montana,  had  also  reported  a  40  percent  decrease;                                                               
however, he said that study "had some weaknesses in it."                                                                        
DR.  URATA  relayed that  the  University  of Alaska  Anchorage's                                                               
Institute  of  Social  and Economic  Research  (ISER)  showed  "a                                                               
positive  business experience."    Other studies  have shown  the                                                               
same,  he  indicated.   He  explained  that when  businesses  are                                                               
smoke-free, more people tend to frequent them.                                                                                  
9:19:05 AM                                                                                                                    
DR.  URATA  stated that  e-cigs  should  be included  because  of                                                               
serious questions about  their safety.  He said  the Federal Drug                                                               
Administration (FDA) has found known  toxins and nicotine in many                                                               
of the  [e-cig] products.   Small particles, 1,000  nanometers in                                                               
size, penetrate deep into the  lungs and include carcinogens such                                                               
as benzine,  acetaldehyde, formaldehyde, isoprene,  lead, nickel,                                                               
nicotine, and nitrosamines.   He said the base of  the liquid has                                                               
propylene glycol,  which in  children is  known to  cause asthma;                                                               
therefore, children  exposed to e-cigs  in restaurants can  be at                                                               
risk.    He advised  that  when  propylene  glycol is  burned,  a                                                               
propylene oxide is produced, which is a known carcinogen.                                                                       
DR. URATA said  e-cigs are touted as being a  tool to help people                                                               
quit smoking, but in his own  practice, he has not witnessed that                                                               
result.   He said he  has seen a  couple patients use  e-cigs and                                                               
combustion  cigarettes  at  the  same time,  depending  on  their                                                               
location.  He  said there has been a great  increase of e-cig use                                                               
by children of  middle school and high school age,  which he said                                                               
is concerning.   He offered  his understanding that  according to                                                               
the CDC,  16 percent of high  schoolers in the U.S.  are using e-                                                               
cigs,  and this  will  lead  to their  continued  use of  tobacco                                                               
products in  the future.   On  the subject  of e-cigs,  Dr. Urata                                                               
urged that  because "we don't  know everything," it  is important                                                               
to  consider:   "first do  no  harm."   He said  as a  physician,                                                               
whatever he  chooses to  do for  a patient, he  must first  do no                                                               
harm, and he asked that that  be done for the citizens of Alaska.                                                               
He indicated  that until  more is known  about e-cigs,  their use                                                               
should not be allowed indoors "where it's all captured."                                                                        
DR. URATA concluded as follows:                                                                                                 
     The  positive impacts  will benefit  many in  the short                                                                    
     and long  term.   This will  benefit your  family, your                                                                    
     friends,  your neighbors,  but  most importantly,  your                                                                    
     grandchildren.  They  need clean air.   They don't need                                                                    
     asthma; they  don't need cancer; they  don't need heart                                                                    
     attacks; they  don't need  strokes.   On behalf  of the                                                                    
     American Heart  Association and  many Alaskans,  I urge                                                                    
     you to support this bill.                                                                                                  
9:22:08 AM                                                                                                                    
CO-CHAIR PARISH  asked what the  diffusion looks like  for e-cigs                                                               
compared with regular cigarettes.                                                                                               
DR. URATA indicated that he does not have that information.                                                                     
9:22:58 AM                                                                                                                    
JAY  BUTLER, MD,  Chief Medical  Officer/Director, Office  of the                                                               
Commissioner,  Department of  Health  &  Social Services  (DHSS),                                                               
said he  was testifying as  a physician and former  tobacco user.                                                               
He  underscored  Dr.  Urata's   statement  about  the  short-term                                                               
benefits  of limiting  exposure  to secondhand  smoke.   He  said                                                               
there  are three  concurrent lines  of evidence  to that  effect.                                                               
One  line of  evidence is  derived from  epidemiological studies,                                                               
which  have linked  smoke exposure  to  heart attack  risk.   Dr.                                                               
Butler indicated that from a  biological perspective, it is known                                                               
that smoke  exposure alters platelet  function and the  lining of                                                               
the blood vessels  of the heart, increasing the  type of blockage                                                               
that causes heart attacks.                                                                                                      
DR.  BULTER  echoed the  remark  of  other speakers  that  making                                                               
people  who smoke  do  so  outdoors has  been  shown to  decrease                                                               
hospitalization rates  for heart attack  within months of  such a                                                               
requirement  being  implemented.   He  indicated  that if  Alaska                                                               
[adopted  a  statewide requirement  that  people  must not  smoke                                                               
inside  public  facilities],  then the  healthcare  system  could                                                               
revert an  estimated $3.7  million in  costs from  treating heart                                                               
attack and stroke,  including over half a million  for the Alaska                                                               
Medicaid program.                                                                                                               
DR.  BUTLER said  exposure to  secondhand  smoke has  led to  the                                                               
following problems for children:   lung cancer, an increased risk                                                               
of sudden  infant death  syndrome, respiratory  infection, middle                                                               
ear  infections,   and  asthma  attacks.     He  said,  "Avoiding                                                               
secondhand smoke  not only protects  the health  and productivity                                                               
of  Alaskans,  but   also  helps  avoid  the   costs  of  illness                                                               
associated with secondhand smoke  that employers, the government,                                                               
and all of us who chip in to the health insurance system bear."                                                                 
9:25:37 AM                                                                                                                    
MR. BUTLER  said it  is certainly rational  to think  that e-cigs                                                               
could play  a role in  smoking cessation, particularly  for those                                                               
who  have  failed  other  methods   of  nicotine  replacement  in                                                               
attempts  to quit  smoking.   He echoed  Dr. Urata's  remark that                                                               
sometimes  people use  both  combustible  cigarettes and  e-cigs;                                                               
they may  be smoking fewer  combustible cigarettes, but  they are                                                               
not quitting  completely.  He  said the largest trial,  which was                                                               
conducted in  New Zealand,  found that  six-month quit  rates for                                                               
those  using  nicotine  containing  e-cigs  was  approximately  7                                                               
percent,  compared  to 6  percent  for  those receiving  nicotine                                                               
patches and  4 percent for  those receiving e-cigs  containing no                                                               
nicotine.   He said  it makes  sense that an  e-cig may  be safer                                                               
than a combustible cigarette.                                                                                                   
DR. BUTLER said  another device is 95 percent vapor.   He said it                                                               
is important  to consider:   "Where does that number  come from?"                                                               
He  indicated   that  information   published  in   the  European                                                             
Addiction Research Journal, by Professor  David Nutt, states that                                                             
the number  was from an expert  panel that gave ratings  on seven                                                               
criteria  for risks  to  users, and  to others,  of  a number  of                                                               
tobacco  products relative  to cigarettes.    He emphasized  that                                                               
there is no  "hard, scientific data that  generated this number,"                                                               
rather knowledgeable and intelligent  people ranked the safety of                                                               
"these other  products" on  a scale  of 1-10.   He said  the same                                                               
group  determined  that "smoking  a  pipe  is 78  percent  safer,                                                               
smoking  cigars is  85  percent safer."   He  said  he thinks  it                                                               
raises important  questions about "using this  number to generate                                                               
policy" and  where the line should  be drawn in terms  of what is                                                               
safer.  He explained,  "If we draw it at 75  percent, you have to                                                               
question ...  why are  we also  not allowing  more public  use of                                                               
pipes and cigars.                                                                                                               
DR.  BUTLER  noted   that  at  the  end   of  the  aforementioned                                                               
publication  is "a  rather unusual  editor's  note" pointing  out                                                               
"the financial  interest some of  the contributors had to  the e-                                                               
cigarette  industry."   He noted  that the  publication does  not                                                               
specify what 95 percent safer means.   He said it is known that a                                                               
lifetime  combustible  cigarette  smoker has  an  approximate  50                                                               
percent chance of dying of a  tobacco related illness.  He asked,                                                               
"Does 95  percent mean a lifetime  e-cigarette user has only  a 1                                                               
in 20 or  5 percent risk of dying of  a tobacco-related disease?"                                                               
He said  that is  unknown and  although the  odds may  be better,                                                               
"they're not great."                                                                                                            
9:29:20 AM                                                                                                                    
DR.  BUTLER  said  there  are  few  advertisements  ("ads")  that                                                               
purport e-cigs  as smoking cessation  devices, and the  reason is                                                               
that the FDA has not approved  them for that purpose.  He related                                                               
that the  usual focus of  e-cig ads is  on a smoker's  ability to                                                               
use  the devices  in places  where  smoking is  prohibited.   Dr.                                                               
Butler offered  an example  of one  such ad.   He said  there has                                                               
been  talk  about  the  role of  e-cigs  in  "renormalization  of                                                               
smoking."    He  said  there  are  epidemiological  studies  that                                                               
suggest teenagers who use e-cigs are  more likely to go on to use                                                               
combustible cigarettes than  those who do not use  e-cigs.  About                                                               
one-quarter of  teens who  use e-cigs  report activities  such as                                                               
"dripping," which  involves dripping the liquids  directly on the                                                               
heated atomizers.   He said this is like another  teen habit with                                                               
e-cigs, which  is "amping"  or "souping up  your tank  device" to                                                               
"get  a better  throat hit."    He said  there are  instructional                                                               
videos on YouTube.                                                                                                              
DR. BUTLER  said there  are also  concerns with  substances other                                                               
than nicotine.   He said a few years ago  there had been problems                                                               
in  Anchorage related  to "spice"  products, which  are synthetic                                                               
cannabinoids.  He said some  of the people that were hospitalized                                                               
were using "tank type" e-cigs  and vaping the same chemicals that                                                               
were in the spice cigarette and  were being sold on the street in                                                               
containers marked "car  air freshener."  Dr.  Butler talked about                                                               
the  flavors used  in conjunction  with  e-cigs.   He said  those                                                               
flavors are labeled  by the FDA as being  generally recognized as                                                               
safe; however,  that criterion  is based  on eating  the flavors,                                                               
not vaporizing and inhaling them.                                                                                               
9:34:10 AM                                                                                                                    
KRISTIN COX  testified in support of  SB 63.  She  opined that it                                                               
is  time  to have  smoke-free  workplaces  in Alaska  to  protect                                                               
workers from  the effects of  secondhand smoke.  She  stated that                                                               
that should include  e-cigs.  She related an  experience when she                                                               
was eating  at a local restaurant  and a diner at  the next table                                                               
began  smoking an  e-cig.   Another time,  at a  social event,  a                                                               
person next to her engulfed her  head in an e-cig "vaping cloud."                                                               
Ms.  Cox questioned  whether e-cigs  are safer.   She  suggested,                                                               
"Maybe,  but most  smokers  die of  heart  disease from  inhaling                                                               
particulate matter."  She continued:   "So, are e-cigarettes less                                                               
carcinogenic?  Maybe they are."                                                                                                 
MS. COX said  e-cig aerosol is made up of  "oily clouds of heated                                                               
propylene glycol and ... nanoparticles."   She indicated that she                                                               
had  been   advised  by  representatives  of   the  Environmental                                                               
Protection Agency (EPA) that  those nanoparticles are potentially                                                               
more harmful  because they  linger in the  air, are  inhaled more                                                               
deeply in the  lungs, and dissipate further to  land on surfaces.                                                               
She  said, "You  get  thirdhand exposure  from touching  surfaces                                                               
where those oily clouds have descended  ...."  Ms. Cox said lungs                                                               
are essential to  life and nothing is safer  than breathing clean                                                               
air.   She said people  who believe  e-cigs are safer  should use                                                               
them outside  where secondhand aerosol  is less likely  to affect                                                               
others.    She  stated  that  it is  not  up  to  legislators  to                                                               
determine whether e-cigs are safer,  and exempting e-cigs from SB                                                               
63 would "do just that."  She  urged the committee to pass SB 63,                                                               
"as is" - including e-cigs.                                                                                                     
9:36:28 AM                                                                                                                    
JOHNA  BEECH  stated that  as  someone  who  lives in  a  borough                                                               
without  health  privileges,  she  is  asking  the  committee  to                                                               
support SB 63, with the inclusion  of e-cigs.  She stated that it                                                               
is  time  to protect  all  Alaska  employees by  asking  smokers,                                                               
including e-cig users  and "vapers" to "simply  take it outside."                                                               
She said,  "It's not  about the  smoker -  it's about  the smoke;                                                               
it's not  about the vaper -  it's about the 'vape'."   She added,                                                               
"It's just about time."                                                                                                         
9:37:36 AM                                                                                                                    
GAIL  SCHIEMANN testified  in support  of SB  63.   She said  she                                                               
worked  in the  hospitality industry  for over  20 years,  before                                                               
there  were any  protections in  place, and  she now  has chronic                                                               
obstructive pulmonary disease  (COPD).  She said she  must use an                                                               
inhaler and medications  every day.  She emphasized  that COPD is                                                               
a  chronic lung  disease from  which she  will never  get better.                                                               
Ms. Schiemann said  she has never smoked.   She opined, "Alaska's                                                               
workforce  deserves better  now."   She  asked  the committee  to                                                               
protect  that  workforce  by  passing  SB  63.    She  concluded,                                                               
"Business owners do  not have the right to expose  their staff to                                                               
toxic environments."                                                                                                            
9:38:39 AM                                                                                                                    
JENNY OLENDORFF  testified in  support of  SB 63.   She  said for                                                               
years she  had worked in an  office in a strip  mall in Soldotna,                                                               
Alaska,  where  "cigarette  smoke  from the  business  next  door                                                               
seeped in  through the walls,  the vents, and even  the outlets."                                                               
She said her  place of business beseeched the  business next door                                                               
to have  its employees  smoke outside, away  from the  air intake                                                               
and doorways, but they refused.   After seven years, her place of                                                               
business gave  up trying to effect  change and moved to  a smoke-                                                               
free office place elsewhere in  town.  She said, "Ironically, the                                                               
mall owner called me, just  two weeks ago, desperately asking why                                                               
a  statewide  law  had  not  yet   been  passed.    And  then  he                                                               
enthusiastically signed  a resolution of support  for a workplace                                                               
law."  Ms. Olendorff asked the  committee to pass SB 63, with the                                                               
inclusion of  e-cigs, "in the name  of public health."   She said                                                               
it is  unfair to ask  non-users to inhale  secondhand combustible                                                               
cigarette smoke and secondhand e-cig aerosol.                                                                                   
9:39:59 AM                                                                                                                    
TERRENCE ROBBINS  testified in  support of  SB 63.   He  said the                                                               
damaging  effects  of  smoking  kill  many  Alaskans  each  year;                                                               
several of his family members are  among those who have died.  He                                                               
listed  the following  cancer related  deaths in  his family:   a                                                               
grandfather; both maternal grandparents;  an aunt, who worked for                                                               
the State  of Alaska for  30 years;  another aunt; an  uncle; and                                                               
Mr. Robbins' father,  who retired after 30 years  working for the                                                               
State  of  Alaska.    Mr.  Robbins said  he  became  addicted  to                                                               
flavored chewing  tobacco, while  playing senior  league baseball                                                               
at the  age of 13.   He quit  using tobacco  after 27 years.   He                                                               
stated his  belief that flavored  e-cigs are  the new way  to get                                                               
children addicted to tobacco.   He stated, "According to the CDC,                                                               
smoke-free  laws  are  associated   with  increased  tobacco  use                                                               
cessation,   decrease[d]   ...   tobacco  use   prevalence,   ...                                                               
[reduction]  of cigarette  consumption among  continuing smokers,                                                               
and ...  [reduction] of tobacco  use among youth."   He concluded                                                               
his testimony as follows:                                                                                                       
     I  support SB  63, because  I have  witnessed the  last                                                                    
     ragged breath  that my grandfather took,  and my mother                                                                    
     spent  two  "retirement"  years desperately  trying  to                                                                    
     comfort  and  care  for her  little  sisters,  as  they                                                                    
     wasted away  and eventually succumbed to  their cancer.                                                                    
     Smoking  is  so addictive  and  so  deadly that  in  my                                                                    
     opinion, this simple act -  protecting our friends, our                                                                    
     family, and our neighbors  from secondhand smoke - will                                                                    
     surely  prevent illness;  it will  save lives;  it will                                                                    
     help  tobacco  users  quit smoking;  and,  by  changing                                                                    
       community norms regarding smoking, it will reduce                                                                        
     youth smoking rates.                                                                                                       
9:42:40 AM                                                                                                                    
JODI  BLAKELY,  Owner,  The  Mecca,  said  she,  along  with  her                                                               
employees and  customers, made the  decision to go  smoke-free in                                                               
2016, and she receives gratitude  from people daily based on that                                                               
decision.   She said  she first  allowed e-cigs  in the  bar, but                                                               
found they are offensive to  her employees and customers, because                                                               
they  smell, so  e-cig  users  must go  outside,  as  well.   She                                                               
emphasized that  her business was  not adversely affected  by the                                                               
decision  to  go  smoke-free,  and she  urged  the  committee  to                                                               
support SB 63.                                                                                                                  
9:44:06 AM                                                                                                                    
MATT SCOTT  testified that  he is a  registered nurse  in Bethel,                                                               
Alaska,  but is  testifying on  behalf of  himself.   He said  he                                                               
enjoys  Bethel's ordinance  that created  a smoke-free  workplace                                                               
for employees, and  he has never heard a  business owner complain                                                               
about "the effects of having this  ordinance."  He said, "This is                                                               
a health  issue."  He  opined that the  ability to walk  into any                                                               
local  business without  suffering  unplanned health  risks is  a                                                               
basic  human right.   He  said,  "We wouldn't  allow gas  station                                                               
owners to spray  gasoline on people; it  is absolutely ridiculous                                                               
to  think   that  we  could   allow  business  owners   to  allow                                                               
microparticles as  fine as that  are found in e-cigarettes  to be                                                               
in the  air when  people could  be in  those business  places and                                                               
work places."  He stated support of SB 63.                                                                                      
9:45:21 AM                                                                                                                    
CARMEN LUNDE  testified on behalf  of Kodiak CHARR  in opposition                                                               
to [SB]  63.  She  explained that Kodiak CHARR  believes strongly                                                               
that business  owners have  the right to  make their  own choices                                                               
without federal,  state, or local government  mandates that force                                                               
them to  go against their  wishes.  She said  allowing government                                                               
to take  freedom of choice away  is a slippery slope.   Ms. Lunde                                                               
continued as follows:                                                                                                           
     Smoking bans violate private property  rights.  The air                                                                    
     in  a bar  belongs neither  to smokers  nor nonsmokers,                                                                    
     and it is  the bar owner who should  decide the smoking                                                                    
     policy on his  or her own premises as,  of course, they                                                                    
     are  the only  ones who  know  what is  best for  their                                                                    
     business and how to work  out their own compromises and                                                                    
MS. LUNDE related  that Kodiak "uses a  commonsense approach that                                                               
works."  She  reported that three-quarters of the  bars in Kodiak                                                               
are smoke-free, while  about 25 percent allow  smoking, which she                                                               
said  gives every  adult the  opportunity  to frequent  a bar  of                                                               
his/her choice.   She stated that people should not  be forced to                                                               
stand outside  at any time  to smoke  a cigarette.   She remarked                                                               
upon the  extreme and  cold weather.   She stated,  "I personally                                                               
would not  have the  nerve to  ask a veteran  who fought  for our                                                               
freedoms to  go stand in  a snowstorm or  even the rain  to smoke                                                               
his or her cigarette."  She continued:                                                                                          
     Smoking  prohibition  and  the  campaign  for  behavior                                                                    
     modifications   are  a   front   to   hide  the   self-                                                                    
     satisfaction  of those  who  feel  entitled to  endorse                                                                    
     their views  on choice,  health, behaviors,  and social                                                                    
     values.   Health campaigns cover  the reasons  of those                                                                    
     who want  to impose  their ways with  laws, programming                                                                    
     the lives of individuals,  disregarding the values that                                                                    
     many people hold  precious, one of which  is freedom of                                                                    
MS. LUNDE quoted Abraham Lincoln, as follows:                                                                                   
     Prohibition goes  beyond the  bounds of reason  in that                                                                    
     it attempts to control  a man's appetite by legislation                                                                    
     and makes  a crime out  of things that are  not crimes.                                                                    
     A  prohibition   law  strikes  a   blow  at   the  very                                                                    
     principles upon which our government was founded.                                                                          
9:47:44 AM                                                                                                                    
ALYSSA KEILL testified in support of  SB 63.  She said she thinks                                                               
providing a  smoke-free environment  for employees  is important,                                                               
because a  person being exposed  to smoke during an  entire shift                                                               
can be more harmful than smoking  one cigarette, and she said she                                                               
does not think that is fair  to an employee whether or not he/she                                                               
is a  smoker.  Ms. Keill  opined that it is  important to include                                                               
e-cigs in SB  63.  Further, she noted that  the City of Fairbanks                                                               
had  written a  letter of  support for  SB 63,  and she  said she                                                               
would  appreciate   the  committee'   support  of   the  proposed                                                               
9:48:36 AM                                                                                                                    
STEPHEN  WARREN  expressed  appreciation  to  the  committee  for                                                               
working on SB  63, which he said would protect  all Alaskans from                                                               
"the proven  dangers of  secondhand smoke  and nicotine  vapor in                                                               
the workplaces."   He opined that "big tobacco" has  a problem in                                                               
that  its  products  kill  its   customers;  therefore,  it  must                                                               
continue  to recruit  new, young  smokers  and "normalize  public                                                               
use."  He continued:                                                                                                            
     And what  better way to do  this than start 'em  out on                                                                    
     candy-flavored, supposedly  safer but  still addictive,                                                                    
     products?   They know they'll crave  a better, stronger                                                                    
     fix  soon  enough  and Marlboros  will  be  waiting  to                                                                    
     satisfy  the  hunger  that e-cigarettes  ignited.    E-                                                                    
     cigarettes  are simply  training wheels  for addiction.                                                                    
     I  doubt  you would  allow  dealers  to sell  oxycodone                                                                    
     gummy bears to  kids.  Why allow Big  Tobacco to commit                                                                    
     an  equally  despicable  act to  support  their  deadly                                                                    
     business model?                                                                                                            
9:50:02 AM                                                                                                                    
REPRESENTATIVE WESTLAKE  expressed appreciation for  Mr. Warren's                                                               
9:50:14 AM                                                                                                                    
RILEY NEFF WARNER acknowledged that  the issue involves local and                                                               
business rights and said he  sympathizes, considering the size of                                                               
Alaska;  however,  he  stressed  that it  is  important  for  the                                                               
legislature  to protect  those without  voice or  the ability  to                                                               
protect themselves.   For example,  he said there may  be single,                                                               
working  parents who  are in  situations  where they  work in  an                                                               
environment with secondhand smoke because  they do not have other                                                               
options  for employment.   Eventually,  they succumb  to negative                                                               
health affects related  to that exposure to  secondhand smoke and                                                               
vapors.  He  said the result will  be more cost to  the state and                                                               
an impact on  the families.  He concluded,  "These are unintended                                                               
consequences that  don't have to  do, necessarily, with  what the                                                               
intention is of  a smoker, but they're very real  and they impact                                                               
Alaskans, who  currently don't  have a  voice or  the protections                                                               
that they need from the state."                                                                                                 
9:51:44 AM                                                                                                                    
CHRYSTAL SCHOENROCK,  Owner, Forelands  Bar, relayed that  she is                                                               
also  secretary of  the Kenai  Peninsula  CHARR and  a member  of                                                               
Alaska CHARR.   She  said she cannot  understand why  "you people                                                               
don't get it"  that there are smoking bars and  smoke-free bars -                                                               
both  - and  that system  has  worked, because  people who  don't                                                               
smoke can choose  to go to the smoke-free bar,  as can the people                                                               
who want  to work  in a smoke-free  environment.   She emphasized                                                               
that everybody  should have  a choice.   Ms. Schoenrock  said she                                                               
has veterans  frequent her bar, some  of whom are 70-80  years of                                                               
age, while others are young  veterans having already served up to                                                               
three tours in  the military, and they do not  want to go outside                                                               
in the  cold to smoke.   She said those veterans  have fought for                                                               
the freedoms [of Americans], and  [forcing them to smoke outside]                                                               
would be  taking their freedom away.   She said that  is not fair                                                               
to  them   and  she   opined  that  the   decision  to   make  an                                                               
establishment a  smoking or  smoke-free one should  be up  to the                                                               
owners and patrons.  She said  if her patrons wished for a smoke-                                                               
free bar, then  she would accommodate them; however,  they do not                                                               
feel that way.                                                                                                                  
MS.  SCHOENROCK reiterated  that the  status quo  is working  out                                                               
fine; however, she  said that concept "falls on deaf  ears."  She                                                               
recalled  testimony in  the  past where  people  had related  the                                                               
effect  of going  smoke-free on  their bars,  and she  reiterated                                                               
that that past testimony fell on  deaf ears.  She said she cannot                                                               
understand why.   She said  not all legislators are  "like that,"                                                               
but she urged the committee to  "think about this and think about                                                               
the people who fought for your rights and your freedoms also."                                                                  
9:54:35 AM                                                                                                                    
DALE  FOX,  President/CEO, Alaska  CHARR,  testified  that SB  63                                                               
targets  bars.   He  explained  that the  rest  of the  locations                                                               
listed  under SB  63 have  been smoke-free  for years,  including                                                               
airplanes and public  buildings.  He reminded  the committee that                                                               
in terms of  stated concerns for children:  "children  are not in                                                               
bars."   Regarding the  idea that  [a smoke-free  environment] is                                                               
good for business, Mr. Fox said  while that may be true for some,                                                               
others  have experienced  a  30  percent loss  in  business.   He                                                               
indicated that this issue is an economic one.                                                                                   
MR. FOX  stated that most  businesses, following their  own self-                                                               
interest,  are  becoming  smoke-free.     He  echoed  a  previous                                                               
testifier that in Kodiak, where  there is no law against smoking,                                                               
three-quarters  of  the  establishments  that  sell  alcohol  are                                                               
smoke-free.   He said this gives  people a choice.   Mr. Fox said                                                               
he  is a  nonsmoker and  easily  finds an  establishment that  is                                                               
smoke-free. He  said this bill targets  bars.  He stated  that in                                                               
several communities where there have  been public votes, a number                                                               
of people have  voted no against the ban.   In other communities,                                                               
he noted, the local governing body  has made the decision to make                                                               
the ban.   He said  the legislature  is being asked  "to overrule                                                               
those closest to the people and/or the people themselves."                                                                      
MR. FOX continued as follows:                                                                                                   
     Some people  may be  tempted to vote  in favor  of this                                                                    
     just to move  it along and make it go  away.  But don't                                                                    
     think  for  a  moment  that  it's  going  to  go  away.                                                                    
     Because the  smoking ban proponents  will be  back next                                                                    
     year  with  new  smoking  ban  proposals.    Right  now                                                                    
     they're saying, "Take it outside."   It wasn't within a                                                                    
     week of the smoking ban  in Anchorage where people were                                                                    
     walking down the sidewalk where  people were kicked out                                                                    
     of  the bars  onto the  sidewalk to  smoke, and  people                                                                    
     were going,  "Oh, my God,  I have to walk  through this                                                                    
     cloud of  smoke on  the sidewalk!"   Expect  a sidewalk                                                                    
     ban  in the  future.   All you  have to  do is  look to                                                                    
     California and what they're doing  - these guys will be                                                                    
     right behind that.                                                                                                         
MR. FOX said  Alaska CHARR is asking that legislators  vote no on                                                               
SB 63.                                                                                                                          
9:58:13 AM                                                                                                                    
MARY SEARS  related that  she is a  Tier I,  retired correctional                                                               
officer,  who was  hired  when she  was a  single  mother of  six                                                               
children.  She said  she is not a smoker, but  she was working in                                                               
an environment  where staff  and inmates  smoked.   She developed                                                               
bronchitis,  followed by  asthma  and pneumonia.    She said  her                                                               
health  care provider  urged her  to quit  her job,  but she  was                                                               
making the equivalent of male  counterparts, as well as receiving                                                               
good benefits,  so she chose  not to quit.   She said  that after                                                               
retirement and having  cancer, she found out that  both her lungs                                                               
are scarred.   She explained that  she is testifying in  favor of                                                               
SB  63  to   support  all  the  nonsmokers   working  in  smoking                                                               
environments.  She urged the committee to pass SB 63.                                                                           
9:59:39 AM                                                                                                                    
MARNA  SANFORD, Government  Relations Coordinator,  Tanana Chiefs                                                               
Conference (TCC),  testified in support of  SB 63.  She  said one                                                               
of TCC's focal  points is "healthy, strong, unified  people."  As                                                               
an organization, TCC  decided to be smoke-free  several years ago                                                               
to provide  its employees  a healthful place  to work  where they                                                               
would  not  be   adversely  affected  by  tobacco   smoke.    She                                                               
acknowledged that  Alaskans like  to march  to their  "own step,"                                                               
but  she opined  that as  only  one of  ten states  that has  not                                                               
enacted a smoke-free  workplace law, "this is not the  time to be                                                               
individualistic."   She said the  state is in "the  bad minority"                                                               
currently and needs to be protecting its people.                                                                                
MS. SANFORD, regarding a previously  made point that everyone has                                                               
the  choice  not to  go  into  an  establishment where  there  is                                                               
smoking,  said  other  previous  testimony  has  shown  that  the                                                               
employees in those  establishments "had to live  through that and                                                               
now are suffering the consequences."                                                                                            
MS. SANFORD  said she does  not believe  that SB 63  is targeting                                                               
bars.   She said there  are numerous businesses where  the smoke-                                                               
free   workplace  would   [be  a]   benefit,  including   hotels,                                                               
industrial  businesses, automotive  businesses, and  construction                                                               
businesses.  She said  she is blessed to be able  to come to work                                                               
in a smoke-free environment, but so  many others do not have that                                                               
option, because  perhaps their  particular skills  put them  in a                                                               
position where the only place they  are able to work is one where                                                               
there is smoking.                                                                                                               
MS. SANFORD  said the federal  government puts workplace  laws in                                                               
place for the safety of  employees, which is why the Occupational                                                               
Safety and Health Administration (OSHA)  exists.  She opined that                                                               
it is  crazy to protect  employees from  slips and falls  but not                                                               
from  "the leading  cause of  death in  Alaska."   She urged  the                                                               
committee to support SB 63.                                                                                                     
10:02:55 AM                                                                                                                   
BETTY MACTAVISH  testified in  support of  SB 63.   She  said she                                                               
lives in  Kodiak, Alaska,  where workers  are not  protected from                                                               
secondhand  smoke  in the  workplace.    She  said she  has  been                                                               
diagnosed with smoker's lung and has  black spots on her lungs as                                                               
a result of  exposure to secondhand smoke in the  workplace.  She                                                               
said her health  has been compromised, even though  she has never                                                               
smoked  a day  in  her life.    Ms. MacTavish  said  only now  is                                                               
information being discovered about  the health effects of e-cigs;                                                               
therefore, she  requested the  committee proactively  keep e-cigs                                                               
in  SB  63.   She  urged  the committee  to  pass  SB 63  out  of                                                               
committee  quickly,  because  "rural  Alaskans  are  waiting  for                                                               
[SB 63 was held over.]                                                                                                          

Document Name Date/Time Subjects
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