Legislature(2017 - 2018)GRUENBERG 120

01/22/2018 01:00 PM JUDICIARY

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Audio Topic
01:04:54 PM Start
01:07:15 PM SB63
03:00:42 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 63 REGULATION OF SMOKING TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SB  63-REGULATION OF SMOKING                                                                              
                                                                                                                                
1:07:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE CS FOR CS FOR SENATE  BILL NO. 63(CRA), "An Act prohibiting                                                               
smoking in certain  places; relating to education  on the smoking                                                               
prohibition; and providing for an effective date."                                                                              
                                                                                                                                
1:07:52 PM                                                                                                                    
                                                                                                                                
SENATOR PETER  MICCICHE, Alaska  State Legislature,  advised that                                                               
HCS CCSB  63(CRA) is referred  to as  the "Take It  Outside Act,"                                                               
and  related that  more people  in Alaska  die annually  from the                                                               
effects  of  tobacco  than of  suicide,  motor  vehicle  crashes,                                                               
homicide, and chronic  liver disease, all combined.   This is not                                                               
a  sugar  tax, he  said,  this  legislation is  about  protecting                                                               
Alaska's employees  from the effects  of smoke in  the workplace,                                                               
and it  is not about  limiting a  smoker's ability to  make their                                                               
own choices in consuming tobacco  and tobacco products.  He noted                                                               
that he  ran this  legislation through his  internal check  as to                                                               
whether  it protects  Alaskans'  freedoms and  liberties, but  he                                                               
also had  to relate that  check to  the effects on  public safety                                                               
and health  and the  costs of  tobacco-related illnesses  in this                                                               
state.   He noted that he  thinks of this legislation  in similar                                                               
roles  such as,  establishing  speed  limits, regulating  driving                                                               
under  the influence,  and those  types of  laws.   The financial                                                               
burden of  caring for those  that fall victim  of tobacco-related                                                               
illness due  to secondhand smoke  costs the State of  Alaska tens                                                               
of millions  of dollars annually.   When pondering the  fact that                                                               
over one-half of the population  in Alaska is currently protected                                                               
with  similar local  ordinances,  such as  in Bethel,  Anchorage,                                                               
Juneau,  Barrow,  Dillingham,  Haines, Skagway,  Petersburg,  and                                                               
more, there is also the fact  that one-half of the state does not                                                               
have  the statutory  ability or  the ordinance  powers of  health                                                               
powers to  protect themselves.   He  reminded the  committee that                                                               
this legislation does not prohibit  outdoor smoking, except where                                                               
it affects  others, such  as in building  entrances and  exits or                                                               
air intakes.  This legislation  does not legislate the employment                                                               
of smokers  and non-smokers, but  rather, local  governments will                                                               
retain  its ability  for more  restrictive local  provisions than                                                               
under the statewide law.  It also  does not remove the right of a                                                               
smoker to smoke, but it  limits the smokers' ability to adversely                                                               
affect the health of Alaska's  non-smoking employees.  The intent                                                               
of the bill  is simply to "take it outside  of the workplace," to                                                               
protect those  who may  not have  a choice as  to where  they are                                                               
employed.                                                                                                                       
                                                                                                                                
1:10:52 PM                                                                                                                    
                                                                                                                                
RACHEL  HANKE,  Staff,  Senator   Peter  Micciche,  Alaska  State                                                               
Legislature, paraphrased the sectional analysis, as follows:                                                                    
                                                                                                                                
     Section 1                                                                                                                  
     Provides  a statement  of legislative  intent which  is                                                                    
     that  nothing  in  this  Act  will  waive  the  state's                                                                    
     immunity from liability provided  for in state law, nor                                                                    
     to alter applicable law  relating to possible liability                                                                    
     of manufacturers, dispensers, or  others as a result of                                                                    
     smoking  or using  tobacco  or  e-cigarettes within  an                                                                    
     enclosed area.                                                                                                             
                                                                                                                                
     Section 2                                                                                                                  
     Adds a new article to AS 18.35 that                                                                                        
                                                                                                                                
     places, including  specified enclosed  areas and  at or                                                                    
     near specified outdoor areas;                                                                                              
                                                                                                                                
     prohibitions for retail  tobacco and ecigarette stores,                                                                    
     for  enclosed, marked,  and vented  transit areas,  for                                                                    
     private   residences,   for  specified   vehicles   and                                                                    
     vessels,  for  stand-alone  shelters and  for  licensed                                                                    
     marijuana establishments;                                                                                                  
                                                                                                                                
     prohibitions and fines;                                                                                                    
                                                                                                                                
     owners   or  managers   from   permitting  smoking   or                                                                    
     supplying  smoking accessories  in  place  where it  is                                                                    
     prohibited;                                                                                                                
                                                                                                                                
     of  health and  social services  or the  commissioner's                                                                    
     designee  to administer  and  enforce the  requirements                                                                    
     under  the Act  and to  provide public  education about                                                                    
     the requirements;                                                                                                          
                                                                                                                                
     or  operator   of  a   vehicle  from   retaliating  for                                                                    
     initiating or cooperating with enforcement of the Act;                                                                     
                                                                                                                                
     additional smoking restrictions and duties;                                                                                
                                                                                                                                
     Sections 3 - 4                                                                                                             
     AS  18.35.340(a) &  (b)  -  amends cross-references  to                                                                    
     conform to the new and repealed                                                                                            
     provisions.                                                                                                                
                                                                                                                                
     Section 5                                                                                                                  
     AS 18.35.340(c) -  amends cross-references and provides                                                                    
     new fines for violations  in which the commissioner has                                                                    
     filed a civil complaint.                                                                                                   
                                                                                                                                
     Section 6-7                                                                                                                
     AS  18.35.341(a) &  (b)  -  amends cross-references  to                                                                    
     conform to the new and repealed provisions.                                                                                
                                                                                                                                
     Section 8                                                                                                                  
     AS 18.35.341(c) -  amends cross-references and provides                                                                    
     individuals found  guilty of a violation  as defined in                                                                    
     Title 11 are subject to new fines.                                                                                         
                                                                                                                                
     Section 9-12                                                                                                               
     AS  18.35.341(d),  35.342,  35.343  &  35.350  -  Amend                                                                    
     cross-references  to conform  to the  new and  repealed                                                                    
     provisions.                                                                                                                
                                                                                                                                
     Section 13                                                                                                                 
     AS 18.35.399 - Defines terms used in the Act.                                                                              
                                                                                                                                
     Section 14                                                                                                                 
     Repeals specified  provisions related to smoking  in AS                                                                    
     18.35.                                                                                                                     
                                                                                                                                
     Section 15                                                                                                                 
     Uncodified  law -  specifies that  the changes  made by                                                                    
     secs.  2  -  13  of  the Act  apply  to  violations  or                                                                    
     compliance  failures   that  occur  on  or   after  the                                                                    
     effective date of secs. 2 - 13 of the Act.                                                                                 
                                                                                                                                
     Section 16                                                                                                                 
     Uncodified law  - authorizes  the Department  of Health                                                                    
     and Social  Services to adopt necessary  regulations to                                                                    
     implement the Act. The Regulations  may not take effect                                                                    
      before the effective date of the relevant provision                                                                       
     being implemented.                                                                                                         
                                                                                                                                
     Section 17                                                                                                                 
     Provides for an immediate effective date for sec. 16.                                                                      
                                                                                                                                
     Section 18                                                                                                                 
     Provides for an October 1, 2017 effective date for the                                                                     
     remainder of the Act.                                                                                                      
                                                                                                                                
                                                                                                                                
1:13:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX   offered   a    scenario   of   a   sole                                                               
practitioner/owner of a  restaurant or bar who runs  it with zero                                                               
employees and asked whether the sole practitioner is exempt.                                                                    
                                                                                                                                
SENATOR MICCICHE  noted that  he would  have to  perform research                                                               
because  he does  not  know how  a  bar could  be  run with  zero                                                               
employees.                                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX interjected, "Run it yourself."                                                                           
                                                                                                                                
SENATOR   MICCICHE  said   he   would  like   to   get  back   to                                                               
Representative LeDoux on that question.                                                                                         
                                                                                                                                
1:14:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  offered   a  scenario   wherein  someone                                                               
requires a home healthcare provider  in their residence and asked                                                               
whether the  person receiving home  healthcare could  smoke while                                                               
the healthcare provider was in their home.                                                                                      
                                                                                                                                
SENATOR MICCICHE  responded that the  original bill read  that it                                                               
was  essentially a  non-smoking residence  all of  the time,  but                                                               
after public  testimony was  considered, he  amended the  bill to                                                               
read that  it would only  be [non-smoking] while  that healthcare                                                               
provider was in the home.                                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX  surmised that  the person could  not smoke                                                               
in their own home.                                                                                                              
                                                                                                                                
SENATOR  MICCICHE answered  that the  healthcare provider  was an                                                               
employee of either the state or  a private provider in that home,                                                               
and this  bill is designed  to protect working Alaskans  from the                                                               
effects   of   second-hand   smoke.      He   acknowledged   that                                                               
Representative  LeDoux brought  up  an excellent  point and  that                                                               
people had also questioned limiting  smoking in bars.  Except, he                                                               
pointed out, there  are employees in all lines  of work subjected                                                               
to the  effects of second-hand smoke  all over the state.   It is                                                               
his  belief that  healthcare providers  should be  protected from                                                               
the effects  of second-hand smoke  because they  attended college                                                               
and obtained a degree in order  to offer a certain level of care,                                                               
and they  did not sign  up to  be affected by  second-hand smoke.                                                               
He  explained that  it is  a temporary  restriction solely  while                                                               
that homecare employee is working  within the residence, which is                                                               
important.                                                                                                                      
                                                                                                                                
1:15:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  referred  to Senator  Micciche's  opening                                                               
presentation regarding  protections in some areas  of Alaska, and                                                               
she said that she assumed the  protections did not exist in other                                                               
areas because  the communities did  not want to limit  smoking in                                                               
the workplace.                                                                                                                  
                                                                                                                                
SENATOR MICCICHE related  that there are two-parts  to his answer                                                               
and clarified that the state  does not have the authority because                                                               
it does not have health  powers guaranteed under the constitution                                                               
or  under Title  29.   Secondly,  he offered,  this  has been  an                                                               
ongoing effort for many years, and  far less than one-half of the                                                               
population in the  state is protected, and  those communities not                                                               
protected are waiting to see  what happens with this legislation.                                                               
He  advised   that  he   is  visited,   regularly,  by   the  few                                                               
municipalities   that  do   not  have   a  smoke-free   workplace                                                               
[ordinances/regulations]  who  are  largely in  support.    These                                                               
communities  have  seen progress  with  the  bill throughout  the                                                               
years, and he  noted that it was passed by  a conservative Senate                                                               
on  three  occasions.    Those  communities  believe  there  will                                                               
probably be some  results, so they have stopped  with their local                                                               
efforts to see the result from the legislature, he advised.                                                                     
                                                                                                                                
1:17:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  referred to  HCSCCSB 63(CRA),  pages 2-3,                                                               
and asked how the varying  distances were determined, and whether                                                               
science or personal preference drove those distances.                                                                           
                                                                                                                                
SENATOR  MICCICHE  advised  that  when  thinking  about  downtown                                                               
Juneau  with  smoke-free  workplace  laws  in  place  and  Juneau                                                               
residents cannot  smoke indoors.   Around the state,  he offered,                                                               
in some of the more densely  populated area around the state, the                                                               
distance  simply cannot  be determined  without impacting  others                                                               
more so  than that business  itself.   There is a  10-feet access                                                               
limit for  non-smokers into that  business, but it is  limited to                                                               
where it  does not  impact other businesses,  and that  limit was                                                               
settled on  throughout the years  [of discussions].   The 20-feet                                                               
limit  is  something that  would  "largely,  directly, sort  of,"                                                               
ingest that  smoke into the  building itself;  therefore, windows                                                               
and ventilators, and such, were  given additional clearance.  The                                                               
reasonable  distance is  probably (audio  difficulties) give  out                                                               
the  soft footprint  of  this bill,  and he  offered  that it  is                                                               
purposely  designed,  complaint  driven,  and  it  carries  light                                                               
consequences  for those  who may  have a  problem complying.   He                                                               
opined that  there have  been three  fines in  the 10  years that                                                               
Anchorage enacted  a similar ordinance.   The reasonable distance                                                               
is  probably  the  best  application of  what  will  keep  people                                                               
protected when  people have to  walk through a large  quantity of                                                               
tobacco smoke to  get into a building, or if  the business itself                                                               
is  bringing  that smoke  into  the  building and  impacting  its                                                               
employees, he advised.                                                                                                          
                                                                                                                                
1:19:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  pointed  to  the  language,  "reasonable                                                               
distance determined  by the  owner or  operator," and  asked what                                                               
criteria would  be used to  determine what makes it  a reasonable                                                               
distance  or   an  unreasonable  distance.     Currently,  if  an                                                               
owner/operator says, "Don't smoke  on my property," he questioned                                                               
whether  they already  have that  right or  whether this  bill is                                                               
granting them a new right.  In  the event it is, he asked whether                                                               
that  is  reasonable  now  going  to  (audio  difficulties)  onto                                                               
someone else's property.                                                                                                        
                                                                                                                                
1:20:43 PM                                                                                                                    
                                                                                                                                
SENATOR   MICCICHE   referred   to    HCS   CSSB   63(CRA),   [AS                                                               
18.35.302(c)(1), page 2, lines 28-30, which read as follows:                                                                    
                                                                                                                                
          (c) An individual may not smoke outdoors                                                                              
           (1) within 10 feet of playground equipment                                                                           
       located at a public or private school or state or                                                                        
     municipal park while children are present;                                                                                 
                                                                                                                                
SENATOR  MICCICHE advised  that  the phrase  "while children  are                                                               
present"  was  added because  it  would  be unreasonable  if  the                                                               
children were not  present.  He referred to  HCSCSSB 63(CRA), [AS                                                               
18.35.302(c)(2),   page  2,   line   31,  and   18.35.302(c)(2-4)                                                               
(A)(B)(C), page 4, lines 1-11, which read as follows:                                                                           
                                                                                                                                
               (2) in a seating area for an outdoor arena,                                                                      
     stadium, amphitheater;                                                                                                     
               (3) at a place of employment or health care                                                                      
     facility  that  has  declared   the  entire  campus  or                                                                    
     outside grounds or property to be smoke-free;                                                                              
               (4) within                                                                                                       
                    (A) 10 feet of an entrance, open                                                                            
     window,  or heating  or ventilation  system air  intake                                                                    
     vent at  an enclosed area  at a place where  smoking is                                                                    
     prohibited under this section; or                                                                                          
                    (C)    a    reasonable   distance,    as                                                                    
     determined by  the owner or  operator, of  an entrance,                                                                    
     open  window,  or  heating or  ventilation  system  air                                                                    
     intake vent of                                                                                                             
                                                                                                                                
1:21:38 PM                                                                                                                    
                                                                                                                                
SENATOR MICCICHE  commented that  "in most laws  there is  just a                                                               
place where everything  does not fit," and  a reasonable distance                                                               
is often  defined by  law as  a "common  sense approach"  to what                                                               
that distance  should be, and  he could  not see that  it affects                                                               
other property owners.   In the event two bars  were sitting next                                                               
to each other and the two  doors were adjoining, that is an issue                                                               
that must be worked out, he advised.                                                                                            
                                                                                                                                
1:22:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP referred  to  [AS  18.35.302(h)(1), page  4,                                                               
lines 20-22, which read as follows:                                                                                             
                                                                                                                                
          (h) Nothing in this section prohibits an                                                                              
     individual from smoking                                                                                                    
               (1) at a private residence, except a private                                                                     
     residence described in  (b) of this section  or while a                                                                    
     healthcare provider is present;                                                                                            
                                                                                                                                
REPRESENTATIVE KOPP  surmised that the language  makes clear that                                                               
it  is not  regulating  the distance  from the  front  door of  a                                                               
person's house.   He described  that a person could  "smoke away"                                                               
on their  own property  unless there  was something  unique about                                                               
that situation.                                                                                                                 
                                                                                                                                
SENATOR MICCICHE  noted that  Representative Kopp  was absolutely                                                               
correct because this  bill was designed in such a  manner so that                                                               
where a person chooses to  smoke does not impact someone's else's                                                               
right to breathe clean air while working.                                                                                       
                                                                                                                                
1:23:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  offered a scenario wherein  an Uber driver                                                               
and their passenger would like to smoke.                                                                                        
                                                                                                                                
SENATOR MICCICHE deferred to Emily Neenon.                                                                                      
                                                                                                                                
1:24:07 PM                                                                                                                    
                                                                                                                                
EMILY  NEENON,  Government  Relations Director,  American  Cancer                                                               
Society, Cancer  Action Network,  responded that, under  law, the                                                               
Uber  driver  is  required  to  offer  smoke-free  transportation                                                               
because  the  Uber driver  was  providing  transportation to  the                                                               
public.   She described that  enforcement for  the implementation                                                               
of HCS CSSB 63(CRA) is based  upon self-reporting and that no one                                                               
will be out looking for problems.                                                                                               
                                                                                                                                
REPRESENTATIVE  LEDOUX  described  Ms.  Neenon's  explanation  as                                                               
confusing because she thought that if  a law was passed, it would                                                               
then be  enforced.   She referred to  the previous  response that                                                               
the language is  in the law and probably no  one will do anything                                                               
about that law, is problematic, she offered.                                                                                    
                                                                                                                                
SENATOR  MICCICHE clarified  that that  is not  what "we  said at                                                               
all.  What  we said is that  we have a law" that  purposely has a                                                               
light footprint, it is complaint  driven and it will be enforced.                                                               
There  will not  be  a group  of people  from  the Department  of                                                               
Environmental Conservation  (DEC), the  Department of  Health and                                                               
Social Services  (DHSS), or anyone  else moving from  facility to                                                               
facility trying to  catch a person smoking, he pointed  out.  The                                                               
law  is quite  clear that  it  is expected  that smoke-free  work                                                               
places are  provided for Alaskan  employees.  However, in  a case                                                               
such as the Uber driver, if  the driver is smoking a cigarette in                                                               
their Uber car while no one  is present, the driver would have to                                                               
complain on themselves in order  for it to activate any potential                                                               
compliance  action,  which does  not  appear  to be  logical,  he                                                               
remarked.    The  light  footprint,  he advised,  is  more  of  a                                                               
statement  but it  has  the potential  for  compliance action  if                                                               
someone chooses to ignore the law.                                                                                              
                                                                                                                                
1:26:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  surmised  that   the  legislation  is  to                                                               
protect  employees  and asked  why  not  simply exempt  the  Uber                                                               
driver.                                                                                                                         
                                                                                                                                
SENATOR MICCICHE commented  that a member of  the House Judiciary                                                               
Standing Committee has the right  to offer an amendment, but that                                                               
he has spent a lot of  time over the last several years listening                                                               
to  hundreds  of peoples'  testimonies,  and  the bill  has  been                                                               
significantly amended  to make it work.   While the bill  may not                                                               
be perfect, it is fairly close at this point, he remarked.                                                                      
                                                                                                                                
1:27:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  referred   to  the  provision  regarding                                                               
smoking in  a residence and,  in theory, the residence  itself is                                                               
generally  not a  place  prohibiting someone  from  smoking.   He                                                               
referred  to [AS  18.35.301((b)(7), pages  2, lines  26-27] which                                                               
read as follows:                                                                                                                
                                                                                                                                
           (7) on a vessel operating as a shore-based                                                                           
     fisheries business under AS 43.75.                                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN  noted  that  the  language  specifically                                                               
exempts vessels from actually having  that exemption.  He offered                                                               
a  scenario  where someone  owned  a  vessel  that was  also  his                                                               
residence  and  they  used  it for  fishing,  and  asked  whether                                                               
because he uses it for fishing,  he is no longer allowed to smoke                                                               
at his residence.  He asked the rationale behind the language.                                                                  
                                                                                                                                
SENATOR  MICCICHE related  that  he  could spend  a  lot of  time                                                               
finding  situations  such as  that  in  any  law passed  in  this                                                               
building, and he  could find an extreme approach to  a problem in                                                               
a bill.   The Alaska Statute  books would be many  times the size                                                               
they are  right now if  the legislature  tried to work  out every                                                               
single situation.  As to  the vessel exemption, he explained that                                                               
some employees work on boats in  20-foot seas and the state would                                                               
not want  people out on the  deck enduring acute risk  [to smoke]                                                               
when  they should  just stay  indoors in  certain situations  and                                                               
smoke in the cabin.  This,  he offered, is a chronic problem that                                                               
will impact the person in the  long-term, but it is believed that                                                               
that  was a  better choice  for  the vessels  in the  state.   He                                                               
described  the scenario  wherein the  vessel is  a residence  and                                                               
also a work vessel as  an interesting question and suggested that                                                               
if Representative  Eastman believed  it was important  to clarify                                                               
in that "rare case," he would be interested to see his solution.                                                                
                                                                                                                                
1:31:40 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HCS SB 63(CRA).                                                                         
                                                                                                                                
SENATOR   MICCICHE  thanked   Chair  Claman   for  hearing   this                                                               
legislation and noted  that he has struggled with  this bill, but                                                               
the reality  is that there  are certain aspects  employees should                                                               
be protected against  when it comes to  public safety, especially                                                               
with smoking  being the  number one  cause of  avoidable diseases                                                               
and deaths in this state.  That  is the reason for his choice and                                                               
he asked how many non-smoking  Alaskans must suffer unnecessarily                                                               
before the state decides to do something about the problem.                                                                     
                                                                                                                                
1:32:10 PM                                                                                                                    
                                                                                                                                
PATTY OWEN advised  that she is a lifelong  Alaskan with children                                                               
and grandchildren  being raised  in Alaska,  a public  health and                                                               
safety advocate,  and a former smoker.   She noted that  when she                                                               
thinks back  to the early  days of  smoking in airplanes  and the                                                               
workplace, she is  horrified given the current  information.  She                                                               
said that  she strongly supports  HCS CSSB  63(CRA) as this  is a                                                               
public health  policy, and  it is  the state's  responsibility to                                                               
pass this  important legislation and protect  the public's health                                                               
statewide.   Tobacco prevention efforts  have come a long  way in                                                               
Alaska  and   this  legislation  will  continue   the  work,  she                                                               
remarked.                                                                                                                       
                                                                                                                                
1:33:16 PM                                                                                                                    
                                                                                                                                
JAYNE ANDREEN, Alaska Public Health  Association, advised that it                                                               
goes  without saying  that the  Alaska Public  Health Association                                                               
strongly supports  HCS CSSB 63(CRA) and  encourages the committee                                                               
to pass it  through this committee.  Ms. Andreen  referred to the                                                               
1/5/17, letter directed  to Senator Peter Micciche  from Brian A.                                                               
King, PhD, MPH, Deputy Director  for Research Translation, Office                                                               
on  Smoking   and  Health,  Centers   for  Disease   Control  and                                                               
Prevention, and advised  that the reasons for  support are listed                                                               
within  the above-mentioned  letter.   Personally, she  said, she                                                               
was  raised  in  a  family  of  smokers,  her  father  had  eight                                                               
brothers, "his father  as well as four of his  five brothers" who                                                               
died from lung  cancer.  Fortunately, her father  and some uncles                                                               
all  managed to  quit smoking  in time  and are  now living  into                                                               
their  late 80s  and early  90s.   She related  that she  started                                                               
smoking as  a teen-ager because she  wanted "to be cool,"  and in                                                               
the mid-1980s she was the director  of a non-profit in Homer, and                                                               
her staff asked  her whether she could take  her smoking outside,                                                               
and she was fine with going  outside.  Then, in 2000, her husband                                                               
was advised  that a spot had  been discovered on his  chest x-ray                                                               
and for a week  they lived through hell, but it  turned out to be                                                               
a fluke on  the film.  That  was the final event for  her to quit                                                               
smoking and one  of the things she  had to do was  track when and                                                               
where she smoked.   Except, she noted, Juneau has  a clean indoor                                                               
air policy  and she could only  smoke in her home  and car, which                                                               
then became  an ash tray.   After she  had stopped smoking  for a                                                               
year, she  bought a new car,  and pointed out that  because there                                                               
were so  few places she could  smoke, it made quitting  smoking a                                                               
whole lot easier.  This  legislation is not just about secondhand                                                               
smoke, but  it is  about developing and  supporting people  to be                                                               
smoke-free, she remarked.                                                                                                       
                                                                                                                                
1:35:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  whether  Ms.  Andreen believes  all                                                               
smoking should be illegal.                                                                                                      
                                                                                                                                
MS.  ANDREEN  replied, "Absolutely  not,"  because  smoking is  a                                                               
personal choice, but  it is also important that  the state ensure                                                               
that non-smokers are not impacted by secondhand smoke.                                                                          
                                                                                                                                
1:36:10 PM                                                                                                                    
                                                                                                                                
MS. NEENON  offered a history of  the issue and what  has changed                                                               
in her 20-years  of working on this issue in  Alaska.  Bethel was                                                               
the first community in Alaska  to pass a smoke-free workplace law                                                               
in  1998, and  that  momentum  has continued  to  the point  that                                                               
approximately one-half  of the  state is now  covered.   In 2006,                                                               
the  United  States  Surgeon  General's report  came  out  as  to                                                               
secondhand  smoke and  it definitively  stated that  there is  no                                                               
safe  exposure level  to secondhand  smoke  and that  ventilation                                                               
does  not  work.    Although,   she  commented,  ventilation  may                                                               
possibly remove some smells and  possibly visible smoke or odors,                                                               
but the carcinogens and ultra-fine  particles in the smoke cannot                                                               
be removed.   That report  confirmed that  the best option  is to                                                               
just  "take  it  outside"  to protect  workers  and  the  public.                                                               
Another  "big thing  we know"  is  that the  biggest impact  from                                                               
smoke-free  laws going  into to  effect is  fewer heart  attacks.                                                               
The  studies  of  smoking-free   laws  going  into  place,  first                                                               
prepared 10-years  ago, showed a  15-20 percent drop  in hospital                                                               
admissions  from  heart   attacks  and  pregnancy  complications.                                                               
Initially,  she offered,  a couple  of doctors  in Montana  noted                                                               
that  their  emergency room  was  not  as  busy  as it  had  been                                                               
previously,  they  looked into  it,  and  the findings  of  these                                                               
doctors'  studies  have  been  replicated  around  the  world  by                                                               
offering  an  impact  on  cardiovascular  health.    The  current                                                               
situation with e-cigarettes  is that non-users can  be exposed to                                                               
the same  harmful chemicals found  in e-cigarettes.   She pointed                                                               
out that she  is not comparing e-cigarettes  to secondhand smoke,                                                               
but rather  the comparison is  to the  standard of clean  air and                                                               
working to protect all workers in the public.                                                                                   
                                                                                                                                
1:38:59 PM                                                                                                                    
                                                                                                                                
CARMEN  LUNDE advised  that  she is  affiliated  with the  Kodiak                                                               
Alaska  Cabaret,  Hotel,  Restaurant  and  Retailers  Association                                                               
(CHARR)  and  it  is  opposed  to HCS  CSSB  63(CRA)  because  it                                                               
strongly believes  that business owners  have the right  to their                                                               
own choices  without government,  on a  federal, state,  or local                                                               
level, mandating  laws that force  business owners to  go against                                                               
their  wishes.   She  described  this as  a  slippery slope  when                                                               
government  takes "our  freedom of  choice away."   Smoking  bans                                                               
violate  private  property  rights  because only  the  bar  owner                                                               
should decide the smoking policies  on their own premises in that                                                               
they know what  is best for their own businesses  and how to work                                                               
out  their  own compromises  and  solutions,  she advised.    The                                                               
community of  Kodiak took a common-sense  approach wherein three-                                                               
quarters of  the bars in  Kodiak are non-smoking  and twenty-five                                                               
percent  are  smoking  bars, thereby,  giving  every  adult  free                                                               
choice  to  go   to  the  bar  of  their  own   choosing.    This                                                               
demonstrates free  choice (audio difficulties).   When government                                                               
declares something  to be  illegal, it is  chipping away  at "our                                                               
rights"  as individuals.    She described  the  bill as  targeted                                                               
toward bars because  within all of the other  places mentioned in                                                               
the proposed ban,  no one has smoked for many  years.  The "self-                                                               
satisfied  individuals" who  feel entitled  to force  their views                                                               
upon the  public's health, choices, behaviors,  and social values                                                               
like to impose  their laws that program the  lives of individuals                                                               
and disregards  the value  of [our freedom  of choice]  that many                                                               
people hold  most precious,  she remarked.   In the  early 1840s,                                                               
President Abraham  Lincoln advised  that prohibition  goes beyond                                                               
the bounds of freedom in  matters of (audio difficulties) control                                                               
a man's  appetite by legislation and  make a crime out  of things                                                               
that are not crimes.  She  advised that a prohibition law strikes                                                               
at  all  of  the  sensibilities upon  which  our  government  was                                                               
founded, she advised.                                                                                                           
                                                                                                                                
1:41:09 PM                                                                                                                    
                                                                                                                                
BETTY  MacTAVISH  advised that  she  is  a teacher,  parent,  and                                                               
grandparent in Kodiak.  (audio  difficulties).  She said that she                                                               
has been diagnosed (audio difficulties)  and she has never smoked                                                               
a day  in her  life, yet the  black spots on  her lungs  make her                                                               
vulnerable to  respiratory disease.   During her years  as (audio                                                               
difficulties) had  pneumonia every February due  to the financial                                                               
stress of  missing work  and the  medical costs.   The  burden of                                                               
choice has  been working to  (audio difficulties) and  the burden                                                               
now with  the committee, it  has the opportunity to  provide safe                                                               
working environments for Alaskans.   The Kodiak City Council, the                                                               
Kodiak  Island Borough  Assembly, and  the Kodiak  Island Borough                                                               
School  District all  unanimously passed  resolutions of  support                                                               
for this legislation.   Fear is the answer to  why Kodiak has not                                                               
passed  this  workplace  ordinance   locally,  fear  of  reprisal                                                               
against the Kodiak elected officials  from citizens, and neighbor                                                               
versus neighbor  in a community  so small.   (Audio difficulties)                                                               
Alaskans  are waiting  for the  legislature  to protect  workers'                                                               
health by passing  HCS CSSB 63(CRA) quickly because  lives are at                                                               
stake, she said.                                                                                                                
                                                                                                                                
1:43:02 PM                                                                                                                    
                                                                                                                                
GABRIELE LARRY  advised that she  was once  a smoker and  now has                                                               
allergies toward  smoke, and her children  and grandchildren also                                                               
have  allergies  that  have  caused many  medical  issues.    She                                                               
stressed  that she  endorses the  right for  everyone to  breathe                                                               
clean air, whether in a  bar, hospital, or airplane.  Thirty-four                                                               
years ago, she gave birth to  her daughter and shared a room with                                                               
a woman  who brought her  cigarettes and  the baby into  the room                                                               
and smoked, and  Ms. Larry asked the hospital to  let her and her                                                               
baby discharge.   Currently, the  hospital has a  smoke-free zone                                                               
and it  does not allow  smoking on the  premises.  As  a business                                                               
owner, she  said that she  has employees  who are trying  to quit                                                               
smoking  and  those  who  smoke,  and  she  expects  them  to  be                                                               
respectful and keep their smoking  away from those who are trying                                                               
to quit  that addiction.   She advised that her  brother recently                                                               
had one  lung removed due  to cancer  and is still  going through                                                               
treatment (audio  difficulties) smoking.  She  emphatically asked                                                               
smokers  to  consider stopping,  noting  that  "we need  to  help                                                               
everybody  along the  way"  because, as  a  previous smoker,  she                                                               
knows that as soon as the  smoker smells that smoke it draws them                                                               
near a  cigarette.   She  expressed that HCS CSSB  63(CRA) should                                                               
be passed because it is the  right thing to do, and because clean                                                               
air is a right for everyone, she stressed.                                                                                      
                                                                                                                                
1:45:37 PM                                                                                                                    
                                                                                                                                
STEVEN  GREENHUT, Western  Region Director,  R Street  Institute,                                                               
advised that the R Street Institute  performs work in the area of                                                               
harm  reduction.   For  example, it  recommends  that states  and                                                               
localities eliminate  e-cigarettes and other vapor  products from                                                               
under the  umbrella of  tobacco products and  their bans,  and to                                                               
rather recognize  the potential for  a much safer  alternative to                                                               
combustible cigarettes.  He offered  that e-cigarette use reduces                                                               
harm, and  HCS CS 63(CRA)  discourages smokers from  switching to                                                               
much safer  vaping because it  does not make a  clear distinction                                                               
between vaping and  smoking.  Vaporers understand  that vaping is                                                               
not allowed in  all indoor spaces, but there  should be someplace                                                               
for them to vape.  In  fact, indoor vaping places would encourage                                                               
more smokers to switch, especially  in cold climates like Alaska.                                                               
He noted  that the  previous testifier  pointed out  that smokers                                                               
smell  that old  smoke  and  possibly get  back  into the  habit;                                                               
therefore, it  is wrong to  segregate vaporers into  the category                                                               
of smokers because  it is counterproductive.   The alternative to                                                               
blanket legislation  is allowing  property owners  and businesses                                                               
to determine their  own vaping policies.  Vaporers  should not be                                                               
forced to share the same space  with people who are smoking as it                                                               
undermines their  ability to  stay smoke-free,  he said.   (Audio                                                               
difficulties)  vaping can  be annoying  to others  but it  is not                                                               
dangerous, which is  why leaving it up to the  property owners is                                                               
the best way  to resolve this issue, and vaping  is a useful tool                                                               
to  help  people  break  the   dangerous  habit  of  smoking,  he                                                               
explained.                                                                                                                      
                                                                                                                                
1:47:43 PM                                                                                                                    
                                                                                                                                
GREGORY  CONLEY, President,  American  Vaping Association,  urged                                                               
the committee  to either reject HCS  CSSB 63(CRA) or amend  it to                                                               
remove the inclusion of smoke-free  vapor products and the bill's                                                               
definition  of smoking.    Vapor products  do  not involve  fire,                                                               
smoke,  or  tobacco  (audio  difficulties).   As  a  result,  the                                                               
emissions generated by vapor products  dissipate into the air and                                                               
there is  virtually no resemblance  to the amalgamation  of toxic                                                               
chemicals generated  by combustible cigarettes.   There is simply                                                               
nothing of  concern to "protect  workers from," and  vaporers are                                                               
not arguing for the unfettered  right to vape wherever they wish.                                                               
Etiquette matters, and  business owners should be  able to decide                                                               
their  own vaping  policies, he  reiterated.   A study  published                                                               
last  year  in  the  Journal of  Health  Economics  revealed  the                                                             
unintended  consequences  of  these  policies,  such  as  banning                                                               
smoking or vaping.  That study  found that in states where (audio                                                               
difficulties) restrictions  were in place,  there was as  much as                                                               
30  percent  higher  cigarette use  (audio  difficulties).    The                                                               
researchers theorized  that this  would prove to  be a  false and                                                               
misleading message  sent by the  user restriction.  In  the event                                                               
legislators  felt (audio  difficulties) dangerous  enough to  ban                                                               
them indoors,  they might as  well have  continued to smoke.   In                                                               
the  United  Kingdom,  the  National  Health  Service,  Board  of                                                               
College  of  Physicians, and  public  health  officials have  all                                                               
concluded   that  vaping   poses   no   legitimate  risk   (audio                                                               
difficulties),  and they  urged employers  to voluntarily  (audio                                                               
difficulties) who  want to switch  by allowing its  usage indoors                                                               
or in  certain areas.  Defining  the use of a  smoke-free product                                                               
as smoking  does not  comport with the  science or  common sense.                                                               
He asked  that the  committee amend vaping  products out  of this                                                               
legislation.                                                                                                                    
                                                                                                                                
1:49:55 PM                                                                                                                    
                                                                                                                                
JEFF STIRE,  Senior Fellow, Consumer Choice  Center, advised that                                                               
he had spent  more than 15 years working on  public health issues                                                               
and  advancing  public  health  policies  and  he  applauds  this                                                               
committee for its  work on protecting public health.   He offered                                                               
his  appreciation   for  HCS  CSSB  63(CRA)'s   light  footprint;                                                               
however,  he was  concerned about  the definition  of smoking  to                                                               
include a bill that people use  to quit smoking, which is the use                                                               
of e-cigarettes  that has  no combustion.   Public  health (audio                                                               
difficulties) acknowledges,  and he  agrees, that  it is  hard to                                                               
stop  smoking and  many smokers  are turning  to e-cigarettes  to                                                               
help them stop.   Public Health (audio  difficulties) stated that                                                               
in  2016,  it was  estimated  that  two-million consumers  (audio                                                               
difficulties)  had used  these  products  and completely  stopped                                                               
smoking, and  400,070 of  the people used  them to  stop smoking.                                                               
The  evidence   is  increasingly  clear  that   e-cigarettes  are                                                               
significantly less  harmful to health  than smoking  tobacco and;                                                               
therefore,  that is  why  the government  is  seeking to  support                                                               
consumers to stop  smoking and adopt the use of  the less harmful                                                               
nicotine products  of e-cigarettes.   It is not just  in England,                                                               
last year the  United States National Institute  of Health funded                                                               
a study  published in the  British Medical Journal,  after having                                                             
evaluated  direct census  bureau  data, and  concluded that  "the                                                               
substantial  increase  in  e-cigarettes   use  among  the  (audio                                                               
difficulties)  smokers  was  associated  with  the  statistically                                                               
significant  increase  in  smoking cessation  rate."  He  offered                                                               
concern   that  if   this  legislation   does  not   correct  the                                                               
definitions  about  e-cigarettes,  "we  will lose  out"  and  the                                                               
public health will be damaged because  people will not be able to                                                               
quit smoking by using the less harmful e-cigarettes.                                                                            
                                                                                                                                
1:52:49 PM                                                                                                                    
                                                                                                                                
JOSHUA SILAS advised  that he is testifying in  opposition to HCS                                                               
CSSB 63(CRA), he  was testifying on his own behalf,  and was born                                                               
and raised in  Soldotna.  Mr. Silas asked that  the vape language                                                               
be removed  from the bill,  noting that he  works in a  vape shop                                                               
and he  has help 496  people become tobacco-free and  stop giving                                                               
themselves  lung   cancer.  Respectfully,   he  asked   that  the                                                               
committee remove the vape shops  and all e-cigarette language out                                                               
of this bill and keep vaping out of smoking laws.                                                                               
                                                                                                                                
1:54:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  noted  to Joe  Darnell,  Alaska  Behavioral                                                               
Health  Tobacco   Enforcement,  that   one  of   the  committee's                                                               
balancing  interests is  looking at  exactly what  an e-cigarette                                                               
use is,  as opposed  to a combustion  cigarette.   Everyone wants                                                               
the  use of  harmful products  to go  down for  young people  and                                                               
according to reports  included in the committee  packet, there is                                                               
an indication that e-cigarette use  is "basically exploding among                                                               
the youth."   Whereas in  2015, more  than 3 million  students in                                                               
middle school and high school  students were involved in its use,                                                               
and the use  appears to be rising.  He  asked whether Mr. Darnell                                                               
had  had any  experiences  running audits  or running  undercover                                                               
attempted buys  from e-cigarette  stores, similar to  places that                                                               
sell tobacco products, to determine  whether they were selling to                                                               
the youth.                                                                                                                      
                                                                                                                                
1:56:10 PM                                                                                                                    
                                                                                                                                
JOE   DARNELL,  State   of  Alaska   Behavioral  Health   Tobacco                                                               
Enforcement, Department  of Health  & Social  Services, responded                                                               
that in 2016-2017, a survey  was performed identifying vape shops                                                               
around the state  and they ran 16-17-year old  individuals in the                                                               
shops to  see whether they  were able to  buy vape products.   In                                                               
2016, there was a 26 percent  buy rate statewide of vape products                                                               
to underage  kids, and  the underage seller  of tobacco  was only                                                               
5.4 percent.   In  2017, the  study showed a  35 percent  sale of                                                               
vape  products  to  underage  minors, and  the  tobacco  sale  to                                                               
underage minors was  at a 4.7 percent sell rate.   The vape shops                                                               
are selling regularly to underage  minors (audio difficulties) in                                                               
Anchorage parents  call in complaining  of vape shops  selling to                                                               
their children.                                                                                                                 
                                                                                                                                
1:57:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  advised Mr.  Darnell that because  the audio                                                               
"was so garbled"  he wanted to clarify that Mr.  Darnell had said                                                               
that in  2017, the compliance  program had determined,  after his                                                               
office ran operations, that 35 percent  of all vape shops sold to                                                               
underage minors, as compared to  approximately 4.7 percent of the                                                               
tobacco shops.                                                                                                                  
                                                                                                                                
MR. DARNELL answered in the affirmative.                                                                                        
                                                                                                                                
REPRESENTATIVE  KOPP asked  Mr. Darnell's  proposed solution  for                                                               
this problem.                                                                                                                   
                                                                                                                                
MR. DARNELL responded  that his shop does not  have the authority                                                               
to  enforce those  vape shops  selling  to underage  minors.   He                                                               
offered that a  Senate bill that is moving within  the two bodies                                                               
that  addresses that  issue by  requiring that  vape products  be                                                               
added within  tobacco products.   He stressed  that it  should be                                                               
regulated the same  as with tobacco products,  and that licensing                                                               
is the same.   That would make it much easier  to help keep these                                                               
products out of the hands of Alaskan youth, he pointed out.                                                                     
                                                                                                                                
1:59:21 PM                                                                                                                    
                                                                                                                                
JOSEPH YOURKOSKI  referred to HCS  CSSB 63(CRA) and  advised that                                                               
he  is a  sophomore  in Nikiski  Middle High  School,  and he  is                                                               
testifying  on  behalf  of the  American  Cancer  Society  Cancer                                                               
Action Network.  Mr. Yourkoski  testified on HCS CSSB 63(CRA), as                                                               
follows:                                                                                                                        
                                                                                                                                
     I'd like to  begin by thanking Chairman  Claman and the                                                                    
     House Judiciary Standing Committee  for allowing me the                                                                    
     opportunity to  speak today.   I am here to  testify on                                                                    
     behalf of SB 63.  This  bill is important to me because                                                                    
     I, myself, am a cancer  survivor.  Smoking is the cause                                                                    
     of 30  percent of  all cancers.   I was  diagnosed with                                                                    
     leukemia  when  I was  4-years  old  and lived  through                                                                    
     harsh  and  rigorous  3.5-year  treatment  plan.    Now                                                                    
     believe  me, this  is not  an enjoyable  experience for                                                                    
     anyone.   Senate  Bill  63 commonly  referred  to as  a                                                                    
     "smoke-free workplace  act" will  protect those  who do                                                                    
     not smoke from having to  choose between a paycheck and                                                                    
     their health.   This is supported by 88  percent of all                                                                    
     Alaskans,  many of  whom  are  like me  and  live in  a                                                                    
     borough that  does not have  health powers.   This bill                                                                    
     would make it  illegal to smoke in a  place of business                                                                    
     and as  I move  to toward  the workforce,  this becomes                                                                    
     even  more  important  to  me.     This  bill  has  the                                                                    
     potential  to save  hundreds of  lives and  people from                                                                    
     the  tremendous hardship  that is  cancer.   Cancer not                                                                    
     only affects the patient, but  their family and friends                                                                    
     as well.   By passing  this bill Alaska can  save lives                                                                    
     so I urge you to pass this bill.                                                                                           
                                                                                                                                
2:00:55 PM                                                                                                                    
                                                                                                                                
DANIEL PHUNG,  Regional Representative,  5 Pawns, advised  that 5                                                               
Pawns  is based  out  of  California as  well  as having  several                                                               
business partners in  Alaska, he noted that  there were potential                                                               
impacts to  his company  related to  this legislation,  and asked                                                               
the  committee  to remove  the  vapor  language from  this  bill.                                                               
Currently, he  employs 20 people  who share his vision  in (audio                                                               
difficulties)  reduction  technology,  and  he  has  had  product                                                               
representation  for   some  time  in  various   retail  locations                                                               
throughout Alaska with multiple  business partners throughout the                                                               
world.  (Audio  difficulties) people who agree  with the benefits                                                               
of vaping  and the  need to  separate the  categories.   He added                                                               
that   5  Pawns   manufactures   state-of-the-art  clean   (audio                                                               
difficulties)  and have  implemented  quality  systems to  ensure                                                               
consistency, (audio difficulties), and  accountability for all of                                                               
the  products.    He  advised   that  he  was  not  sharing  this                                                               
information to impress the committee,  but rather to impress upon                                                               
the committee that HCS CSSB  63(CRA) has negative implications to                                                               
what a vapor-related business is,  and it also makes it difficult                                                               
for  those   who  have  chosen   this  path  of   tobacco  (audio                                                               
difficulties)  reduction   technology  to   comfortably  continue                                                               
toward a cigarette-free lifestyle.   He referred to the "heat not                                                               
burn" technology  and implored the  committee to  investigate the                                                               
separation  of the  categories.   (Audio  difficulties) does  not                                                               
kill,  it is  the tar  that kills,  (audio difficulties)  studies                                                               
have been  released to  speak to the  long-term effects  of vapor                                                               
products and  current findings indicate  the need  to distinguish                                                               
between  the two  categories.   For example,  he offered,  (audio                                                               
difficulties)  New Zealand  legalized vapor  products as  part of                                                               
its plan to have a smoke-free  country by 2025.  England has also                                                               
encouraged  smokers to  switch to  vapor products  and it  is now                                                               
experiencing  historic  low  smoking rates.    Furthermore,  this                                                               
technology has  the ability  to achieve  equal or  greater (audio                                                               
difficulties) in Alaska  and has the potential  to eliminate many                                                               
unnecessary tobacco-related healthcare costs.                                                                                   
                                                                                                                                
2:03:44 PM                                                                                                                    
                                                                                                                                
JAMIE  MORGAN, Senior  Director,  Advocacy  and Policy  Campaign,                                                               
American  Heart  Association,  advised  that  heart  disease  and                                                               
stroke  remain the  number  one  causes of  death  in the  United                                                               
States,  and  that cigarette  smoking  is  a major  risk  factor.                                                               
Smoking not only  claims the lives of those who  use tobacco, but                                                               
also  those exposed  to secondhand  smoke.   As  reported by  the                                                               
United States  Surgeon General, exposure of  secondhand smoke for                                                               
adults  has  immediate  adverse  effects  on  the  cardiovascular                                                               
system and  causes coronary  heart disease and  lung cancer.   In                                                               
fact, she said,  just 30-minutes of exposure  to secondhand smoke                                                               
rapidly  impairs vascular  function,  and  long-term exposure  to                                                               
secondhand  smoke is  associated with  a 25-30  percent increased                                                               
risk  of coronary  heart disease  in adult  non-smokers.   Due to                                                               
these effects  on blood and  blood vessels, the  National Centers                                                               
for Disease Control and Prevention  reports that there is a zero-                                                               
risk-free level  of secondhand smoke because  even brief exposure                                                               
can cause immediate  harm.  The American  Heart Association knows                                                               
that smoke-free indoor  air laws save lives,  studies that (audio                                                               
difficulties)  communities  published in  peer-reviewed  journals                                                               
have  shown  a  decrease  in heart  attack  incidents  after  the                                                               
implementation of smoke-free laws.   One example, she offered, is                                                               
within a town in Colorado wherein  there was a 41 percent decline                                                               
in  heart attack  hospitalization.   In  addition  to the  health                                                               
benefits,  there is  an economic  advantage when  enacting smoke-                                                               
free laws  because telling evidence  shows no  significant impact                                                               
in actual businesses, with the  additional benefits that include:                                                               
lower  cleaning costs;  lower worker  absenteeism; and  increased                                                               
productivity.   As the committee  has heard, she  reiterated that                                                               
only one-half of the Alaskan  population is covered by smoke-free                                                               
workplace  laws,  so this  legislation  will  better protect  the                                                               
health  and safety  of all  workers, patrons,  and visitors  from                                                               
diseases and pre-mature  deaths caused by secondhand  smoke.  She                                                               
advised  that the  American Heart  Association  and the  American                                                               
(indisc.) Association  believes this legislation  will positively                                                               
impact Alaskan residents regarding  health care costs and benefit                                                               
businesses that would no longer  be impacted by the various costs                                                               
associated  with indoor  smoking.   She  asked  the committee  to                                                               
please pass HCS CSSB 63(CRA) out of committee.                                                                                  
                                                                                                                                
2:06:40 PM                                                                                                                    
                                                                                                                                
JAMES SQUYRES  advised that he  lives in  Rural Deltana and  is a                                                               
constituent of  Representative George  Rauscher.  He  stated that                                                               
he  is a  non-smoker,  he  opposes to  this  legislation, and  is                                                               
"appalled  at the  seemingly insatiable  desire  to increase  the                                                               
size   state  footprint   and   influence   government."     This                                                               
[legislation]  has  been recycled  by  the  primary sponsor  many                                                               
times  at the  cost  of state  government, and  the  nays in  the                                                               
Senate  were as  follows: Senators  John Coghill,  Mike Dunleavy,                                                               
Shelley   Hughes,  Pete   Kelly,  and   Bert  Stedman.     (Audio                                                               
difficulties) opposed because they  are heavy smokers, or because                                                               
they were concerned  about the size and scope of  government.  He                                                               
remarked that  not only does  he encourage  the chair to  put HCS                                                               
CSSB 63(CRA) in  the drawer, but the primary sponsor  needs to be                                                               
notified to quit wasting this  committee's time at the expense of                                                               
Alaskans.   He advised that he  would like to see  "you folks out                                                               
of there in 90-days."                                                                                                           
                                                                                                                                
2:07:38 PM                                                                                                                    
                                                                                                                                
DIANA  REDWOOD offered  strong support  for  the legislation  and                                                               
noted that  she lives in  Anchorage and benefits from  the smoke-                                                               
free bars  and restaurants, especially for  dancing and listening                                                               
to  music.   However, she  pointed  out, she  travels around  the                                                               
state for work and when visiting  bars, she must leave due to the                                                               
smoke.   Ms. Redwood  reiterated that  she strongly  supports HCS                                                               
CSSB 63(CRA) and asked the committee to pass it into law.                                                                       
                                                                                                                                
2:08:35 PM                                                                                                                    
                                                                                                                                
LARRY TAYLOR, JR.,  advised that he support  this legislation and                                                               
its regulations on smoking.  Mr. Tayler said that he retired 10-                                                                
years as an environmental engineer  for the Anchorage Air Quality                                                               
Office,  and  pointed   to  a  2014  report,   published  by  the                                                               
University  of Alaska  wherein it  studied the  effects of  clean                                                               
indoor  air   ordinances  on  employment   and  air   quality  in                                                               
Anchorage.  In 2000, Anchorage  limited smoking in public places,                                                               
except bars, and  in 2001, employment decreased by  10 percent in                                                               
restaurants  that went  smoke-free,  and only  6  percent of  the                                                               
restaurants  that  allowed  restricted  smoking.    In  2007,  an                                                               
amended ordinance  stopped all smoking  in restaurants  and bars,                                                               
and from 2001-2010  bar employment was 10 percent  higher than it                                                               
would have been without the ordinance.   In 2008, a comparison of                                                               
Anchorage's no smoking bars and  Juneau's smoking bars found that                                                               
there  were 33  times  more respirable  particles  in the  Juneau                                                               
bars.   He then asked  that the  committee pass HCS  CSSB 63(CRA)                                                               
out   of  committee   and  move   it   closer  to   a  House   of                                                               
Representatives floor vote,  where he opined it  has good support                                                               
to pass.                                                                                                                        
                                                                                                                                
MR.  TAYLOR referred  to vaping  issue that  all of  the "outside                                                               
guys are  calling in about,"  and advised that there  is nicotine                                                               
in vaping fumes, and possibly  formaldehyde which is definitely a                                                               
problem,  and there  is diacetyl,  which is  a popcorn  flavoring                                                               
that  is safe  in  popcorn, but  it  is not  safe  to breathe  in                                                               
because it  can cause  lung problems called  "popcorn lung."   He                                                               
pointed out that "it would just  be really simple" not to have to                                                               
worry about that  and enact the requirement that  vaping is taken                                                               
outdoors  because  if  smokers  have   to  go  outside,  why  not                                                               
vaporers.                                                                                                                       
                                                                                                                                
2:10:52 PM                                                                                                                    
                                                                                                                                
KELLY  LARSON advised  that  she  has worked  since  she was  old                                                               
enough to receive  a work permit from the State  of Alaska due to                                                               
a financial need.   Without transportation, she  advised, she was                                                               
limited to the businesses that  were within walking distance from                                                               
her  home.   For  many years  she  had to  work  in smoke  filled                                                               
environments, she  was sick all the  time, and the doctor  had to                                                               
prescrib  harmful  medication,  and   she  is  undergoing  (audio                                                               
difficulties) treatment.  During  her earlier years, the students                                                               
in middle school  and high school teased her about  the manner in                                                               
which she could breathe as it was  labored and loud, so even as a                                                               
child  she   knew  she   was  sick.     Cigarette   smoke  (audio                                                               
difficulties) exposed everywhere, work,  home, and even at school                                                               
with  smoke billowing  out of  the teachers'  lounge and  smoking                                                               
areas  and into  where  she  had to  (audio  difficulties).   She                                                               
stressed that  she should  have been  protected by  her employers                                                               
and  protected from  teachers smoking  in their  workplace.   She                                                               
stressed  that   until  a  person  experiences   the  effects  of                                                               
secondhand  smoke and  what it  can do  to a  body, no  one could                                                               
possibly understand.  She described  it as having an elephant sit                                                               
on your  chest while  gasoline is poured  down your  throat, your                                                               
sinus  filled with  tobacco (audio  difficulties) and  onions are                                                               
rubbed in  your eyes.   That, she noted,  is what she  deals with                                                               
due to  secondhand smoke,  and 20 years  later she  was diagnosed                                                               
with severe  environmentally induced asthma with  the most common                                                               
trigger being  cigarette smoke.  She  related that she has  a son                                                               
who smokes  and vapes, and his  vape smoke makes her  sick, so he                                                               
has to take it outside and not  be anywhere around her car or her                                                               
grandchildren.   She worries  that as she  ages she  will develop                                                               
Chronic Obstructive Pulmonary Disease (COPD)  or a lung or throat                                                               
cancer, and  yet, she  said, she  has never smoked  a day  in her                                                               
life.  She does not want to  see any person without a choice have                                                               
to work  in a smoke-filled  environment, noting that she  did not                                                               
have a choice.   Alaskans need protection and  they cannot afford                                                               
to wait on this issue, and  to please advance HCS CSSB 63(CRA) as                                                               
quickly as possible, she asked.                                                                                                 
                                                                                                                                
2:13:25 PM                                                                                                                    
                                                                                                                                
JENNY OLENDORFF advised that she  is a lifelong Alaskan and lives                                                               
in "beautiful  smoke-free Palmer."   She offered support  for HCS                                                               
CSSB 63(CRA)  and advised that  last summer  (audio difficulties)                                                               
Soldotna (audio  difficulties) Senator Peter  Micciche's tireless                                                               
statewide  efforts,   workers  are   still  not   protected  from                                                               
secondhand  smoke.   She  remarked  that  she has  advocated  for                                                               
smoke-free workplaces  in Alaska for  over 10-years due  to being                                                               
subjected to secondhand smoke in  her workplace in Soldotna.  She                                                               
described  that  it  was  a  small  strip  mall  that  became  so                                                               
pervasive and unhealthy  that she broke her lease  and moved into                                                               
a smoke-free office  complex uptown.  Please, she  asked, for the                                                               
sake  of  all Alaskan  workers  and  for  the benefit  of  public                                                               
health,  pass  this  legislation   out  of  the  House  Judiciary                                                               
Standing  Committee  and  include  protections  from  e-cigarette                                                               
aerosol,  so  legislators  can finally  vote  on  this  important                                                               
legislation.                                                                                                                    
                                                                                                                                
2:14:27 PM                                                                                                                    
                                                                                                                                
NOEL  CROWLEY BELL  advised that  she supports  HCS CSSB  63(CRA)                                                               
because  she  wants  a smoke-free  workplace  for  all  Alaskans,                                                               
especially  teens, young  adults, and  her young  children.   She                                                               
expressed that  young Alaskans are  anxious to begin  working and                                                               
often begin their  employment careers in industries,  or areas of                                                               
the state not currently protected  from the effects of secondhand                                                               
smoke.  She remembers being a  non-smoker in a small office where                                                               
the manager  smoked and "it  was horrible" because there  were no                                                               
smoke-free  workplace  laws, and  in  the  event she  found  work                                                               
elsewhere, there were no guarantees  that workplace would protect                                                               
her from the  exposure of secondhand smoke, she  related.  Within                                                               
Alaska,  only about  50 percent  of Alaskans  are protected  by a                                                               
smoke-free workplace law  so please pass this  legislation out of                                                               
committee,  she asked.   Ms.  Bell  offered her  belief that  all                                                               
Alaskans, not  just those privileged to  live in a city  that can                                                               
pass this  law, should be  protected from the known  health risks                                                               
of both  secondhand smoke and  vape aerosol, and it  is important                                                               
to include vaping in this legislation.                                                                                          
                                                                                                                                
2:16:00 PM                                                                                                                    
                                                                                                                                
ELIZABETH RIPLEY,  Mat-Su Health Foundation, advised  that she is                                                               
the CEO of  the Mat-Su Health Foundation and HCS  CSSB 63(CRA) is                                                               
its top  legislative priority, and that  Mat-Su Health Foundation                                                               
offered its full support for the  bill.  She pointed out that the                                                               
Mat-Su  is a  second-class  borough and  it,  together with  many                                                               
other regions,  do not have the  health powers to enact  a smoke-                                                               
free workplace  law, which is  why the statewide  regulations are                                                               
critical.  While  headway has made to reduce  smoking rates among                                                               
Alaskans, Alaskans are losing ground  to e-cigarettes.  She noted                                                               
that  locally and  statewide, the  state  still has  some of  the                                                               
highest tobacco use  rates in the nation  thereby, increasing the                                                               
state's chronic  respiratory disease rates.   This legislation is                                                               
the  next big  step  Alaska can  take to  reduce  these rates  of                                                               
smoking and disease,  and this bill will have more  impact on the                                                               
immediate health of Alaskans than  probably any bill enacted this                                                               
session.   Eleven  studies were  analyzed, and  of more  than 2.5                                                               
million births had approximately  250,000 asthma attacks, and the                                                               
studies found that  the number of premature  births in children's                                                               
hospitals and  visits for  asthma dropped  10 percent  in certain                                                               
regions of the United States,  Canada, and Europe, one year after                                                               
enacting no smoking laws.  An  impact analysis of smoking bans on                                                               
adult   health   demonstrated   a   15   percent   reduction   in                                                               
cardiovascular  events,  and  that  every  community  instituting                                                               
these smoking  bans has seen  a decrease  in heart attacks.   She                                                               
pointed  out that  passing this  bill is  a fiscally  responsible                                                               
effort to make  because tobacco use has cost  Alaska $579 million                                                               
annually  in   direct  medical   costs  and   lost  productivity.                                                               
Medicaid pays for over 60  percent of babies (audio difficulties)                                                               
regional and  across Alaska,  and this  bill would  reduce asthma                                                               
admissions (audio difficulties) for births  by 10 percent to save                                                               
state dollars.  (Audio difficulties)  recommends that this law be                                                               
passed to  reduce high (audio  difficulties) impact on  the state                                                               
operating budget.  She offered that  HCS CSSB 63(CRA) is the next                                                               
step for Alaska to reduce  smoking rates (audio difficulties) and                                                               
offered appreciation for supporting HCS CSSB 63(CRA).                                                                           
                                                                                                                                
2:18:31 PM                                                                                                                    
                                                                                                                                
BECKY STOPPA asked  that the committee pass HCS  CSSB 63(CRA) out                                                               
of committee.   She noted that she is a  lifelong non-smoker, but                                                               
she grew  up in a house  full of smokers and  her first employers                                                               
throughout  her teens  and 20s  were  smoking workplaces.   As  a                                                               
result,  she  has  suffered  numerous   bouts  of  pneumonia  and                                                               
bronchitis to the  point she was hospitalized.  It  has been more                                                               
than  25-years since  being exposed  to secondhand  smoke in  the                                                               
workplace,  yet she  still suffers  the consequences  because she                                                               
has asthma and  an embarrassing chronic cough  that is oftentimes                                                               
debilitating.     She  urged  the   committee  to   support  this                                                               
legislation and protect all Alaskans  from the harmful effects of                                                               
secondhand  smoke, thereby,  ensuring  that everyone  has a  safe                                                               
place to work.                                                                                                                  
                                                                                                                                
2:19:42 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  related that  he would  now repeat  a query  from a                                                               
Kodiak  listener, and  asked whether  the  American Legion  Clubs                                                               
would be exempt.                                                                                                                
                                                                                                                                
SENATOR MICCICHE answered that the clubs are not exempt.                                                                        
                                                                                                                                
2:20:34 PM                                                                                                                    
                                                                                                                                
SUSAN SMALLEY,  Volunteer, American Cancan Society,  advised that                                                               
she  is a  volunteer for  the American  Cancer Society,  a cancer                                                               
survivor, and  a 48-year Alaskan.   She  noted that she  has been                                                               
testifying for more than a  decade, during which time the Alaskan                                                               
workers have been  exposed to the dangers of  secondhand smoke in                                                               
the workplace and stressed that it  is a health hazard not unlike                                                               
asbestos  or lead  paint.   Several years  ago, she  worked in  a                                                               
restaurant and lasted  just one eight-hour shift  because she was                                                               
sick  from secondhand  smoke, and  she quit  her job.   Although,                                                               
that option is  not available for everyone, and she  noted that a                                                               
friend of hers has no choice and  has a similar job and she talks                                                               
about  undressing  in  her  garage  after  work  at  the  smoking                                                               
establishment  because she  does not  want to  share her  tobacco                                                               
infused smell  with her children.   She reiterated  that changing                                                               
her job is not  an option, so her friend risks  her own health to                                                               
support  her  family.    (Audio difficulties)  cannot  do  it  by                                                               
ourselves, "we don't have the  power," the state needs smoke-free                                                               
workplaces  and she  requested the  committee's  support for  HCS                                                               
CSSB 63(CRA)  and save  lives, money,  and make  Alaska healthier                                                               
because Alaskan lives are precious.                                                                                             
                                                                                                                                
2:21:59 PM                                                                                                                    
                                                                                                                                
CHRYSTAL SHOENROCK, Owner,  4 Lands Bar, advised that  she owns 4                                                               
Lands  Bar in  Nikiski,  she  has employees  who  all smoke,  her                                                               
customers want  to continue  smoking in  the bar,  and it  is her                                                               
prerogative to run  her business as sees fit as  long as she pays                                                               
her taxes and  lives within the law.  She  stressed that she does                                                               
not believe "we  need" government control to tell  people what to                                                               
do, and  some customers  are 'old veterans'  who have  fought and                                                               
fought  for this  country for  the public's  freedoms," yet,  the                                                               
legislature  is  trying  to  take  them  "away  from  us."    She                                                               
commented that  there are enough  establishments in  Nikiski with                                                               
non-smoking  policies,  and if  a  person  is a  non-smoker  they                                                               
should  work in  those establishments.   A  smoker should  have a                                                               
place to go  where they can feel at-home and  "do whatever," and,                                                               
she  stressed that  she  did not  feel "you  people"  need to  be                                                               
telling "us how  to run our businesses," you need  to worry about                                                               
the deficit, downsize  the government, and "get  off this subject                                                               
that we're on."                                                                                                                 
                                                                                                                                
2:23:21 PM                                                                                                                    
                                                                                                                                
JOHNA  BEECH advised  that she  is a  volunteer for  the American                                                               
Cancer Society,  Cancer Action  Network, and  is testifying  as a                                                               
private  citizen.   She said  that  she is  offering support  for                                                               
smoke-free workplaces and that for  years she worked in a smoking                                                               
environment because she  did not have the skill set  to work in a                                                               
different environment.  She related  that she did not acquire the                                                               
skill  set to  get  her out  of that  environment  until she  was                                                               
approximately  21  years old.    The  workers in  today's  market                                                               
should not  have to decide  between a paycheck and  their health.                                                               
She asked the  committee to pass HCS CSSB  63(CRA) from committee                                                               
and allow  it to go to  the House of Representatives  floor for a                                                               
vote and keep  the e-cigarettes and vaping language  in the bill.                                                               
Remember, she  related, it is not  about the smoker, it  is about                                                               
the smoke, it is not about the  vaporer it is about the vape, and                                                               
all Alaskans have the right to breathe smoke-free air.                                                                          
                                                                                                                                
2:24:25 PM                                                                                                                    
                                                                                                                                
PAMELA  HOWARD advised  that she  is speaking  on behalf  of high                                                               
school students.   She said that  she has been a  school nurse in                                                               
Alaska  for 31-years  and it  came  to her  attention during  her                                                               
presentations to  the students that  most students  believe there                                                               
is already  a law  protecting them from  secondhand smoke.   When                                                               
they were  told that  the state legislature  was looking  at this                                                               
bill,  over 95  percent of  the students  supported its  passage.                                                               
She explained  that the documentation  of this  percentage amount                                                               
comes about  because the school  offers a  "agree/disagree line."                                                               
The students  also wonder why  the opioid bill moved  through the                                                               
two bodies  so quickly,  and yet,  tobacco exposure  continues to                                                               
kill so  many more people every  day.  It is  the students' hope,                                                               
she  offered,  that  this  bill   not  be  held  up  any  longer.                                                               
Personally,  she remarked,  she wishes  a law  had been  in place                                                               
when she first joined the  workforce because through her exposure                                                               
to secondhand smoke she now has  asthma even though she has never                                                               
smoked.   It is too  late for her, but  not for the  students and                                                               
she said that she hopes this  bill will prevent her grandson from                                                               
dealing  with secondhand  smoke.   As  to the  vaping issue,  she                                                               
related that the current trend  of students is to initiate vaping                                                               
rather than  smoking, although the  majority of  students believe                                                               
that vaping is a risk to  both the vaporer and those breathing in                                                               
the secondhand vaping  smoke.  She pointed out  that the students                                                               
do not  want to wait  as long as  it has  taken to find  out that                                                               
smoking is injurious to their health.                                                                                           
                                                                                                                                
2:26:27 PM                                                                                                                    
                                                                                                                                
PAMELA  OLSON advised  that she  worked for  a non-profit  agency                                                               
that was  located above  a bingo and  pull-tab facility  of which                                                               
had  a ventilation  system,  but  most of  the  time  it was  not                                                               
working.  As  a result, the concentrated levels  of smoke entered                                                               
the  non-profit agency's  office  and being  a non-profit  (audio                                                               
difficulties)  relocate until  two-years ago.   The  new location                                                               
for  the non-profit  agency is  smoke-free, but  she and  her co-                                                               
workers are still suffering from  the results of being exposed to                                                               
those concentrated levels of toxins.   It takes her 20-30 minutes                                                               
to clear her  lungs each morning due to the  damage caused during                                                               
that  time, and  she encouraged  the committee  to pass  HCS CSSB                                                               
63(CRA) on behalf  of those workers who do not  have control over                                                               
the secondhand  smoke they are exposed  to, and on behalf  of all                                                               
Alaskans.                                                                                                                       
                                                                                                                                
2:27:53 PM                                                                                                                    
                                                                                                                                
BENJAMIN SCHMAUSS advised  that he was raised  in southern Alaska                                                               
(audio difficulties).   He offered support for  HCS CSSB 63(CRA),                                                               
because his  mother worked as  a bartender when she  was pregnant                                                               
with  Mr. Schmauss,  and  as  a child  he  suffered from  hearing                                                               
problems and  different medical problems based  from his exposure                                                               
to secondhand  smoke.  His  grandfather, a World War  II veteran,                                                               
died  of lung  cancer,  and he  strongly  believes that  Alaskans                                                               
should  be able  to  work in  safety and  not  risk their  health                                                               
because  they  have  to  provide  for  their  families.    (Audio                                                               
difficulties.)                                                                                                                  
                                                                                                                                
2:29:45 PM                                                                                                                    
                                                                                                                                
PENNY PALMQUIST  advised that she  quit smoking in 1991,  but she                                                               
has  worked  in  many  smoking  environments,  and  probably  her                                                               
biggest  (audio  difficulties)  was   when  she  worked  for  the                                                               
Sullivan  Arena, a  municipal building  that was  smoke-free, but                                                               
sometimes  everyone   smoked  whenever  they  pleased.     (Audio                                                               
difficulties) take me  several days to get over it,  and she is a                                                               
cancer  survivor.   A  statistic  she  found showed  that  41,000                                                               
people  in  the United  States  die  every year  from  secondhand                                                               
smoke, yet  these people  had never smoked  a cigarette  in their                                                               
lives.     (Audio   difficulties)  breast   cancer  people   have                                                               
approximately  44,000 besides  (audio difficulties).   She  noted                                                               
that there are various communities  wherein employees do not have                                                               
the choice  of where to work,  and they oftentimes work  in bars,                                                               
restaurants, and office spaces where  people smoke and also vape.                                                               
With respect  to the kids, she  related that they "dip"  which is                                                               
where they heat a portion of  the e-cigarette to get a higher hit                                                               
off of the  vape, and some places in Alaska  are selling these e-                                                               
cigarettes  to  young  people.    She  then  strongly  urged  the                                                               
committee to pass HCS CSSB 63(CRA) out of committee.                                                                            
                                                                                                                                
2:32:05 PM                                                                                                                    
                                                                                                                                
EDELTRAUD  RODEWALD advised  that she  is a  35-year resident  of                                                               
Alaska and is currently living in  Anchorage.  She said that this                                                               
issue affects  non-smokers and smokers,  and few  people disagree                                                               
that smoking  is bad for a  person's health, such that  her long-                                                               
time smoking father  died at age 37 from cancer,  and her brother                                                               
who is now unemployed suffers  from the health effects of smoking                                                               
and he  has zero health  insurance.  Starting  to smoke may  be a                                                               
choice, but continued  smoking is an addiction,  she pointed out,                                                               
and it is  known that smoke-free work  environments assist people                                                               
in cutting back on their smoking  and helps young people to never                                                               
start  smoking.   She said  that  she is  really here  testifying                                                               
about Alaskans breathing smoke-free  air, including free from the                                                               
effects  of aerosol  from vaping.    In working  her way  through                                                               
college by  working in smoky  bars, she  now has a  chronic cough                                                               
and doctors question her as to  whether she was a smoker, and she                                                               
was not.   She offered that 88 percent of  Alaskans agree that it                                                               
is  time to  pass this  smoke-free workplace  legislation out  of                                                               
committee.                                                                                                                      
                                                                                                                                
2:33:51 PM                                                                                                                    
                                                                                                                                
GEORGE STEWART  thanked the sponsor  for attempting  to eliminate                                                               
smoking in workplaces  around the state and  he strongly supports                                                               
HCS CSSB 63(CRA).  He stated  that Alaskans are entitled to clean                                                               
air, smoke-free air, with a  majority of Alaskans voting in favor                                                               
of  this type  of  legislation  because there  are  all kinds  of                                                               
toxins in cigarette and e-cigarette  smoke.  (Audio difficulties)                                                               
nicotine, (audio difficulties)  volatile organic compounds (audio                                                               
difficulties) hydrocarbons  and other  things.   Particularly, as                                                               
to teen-agers who  vape, there is a higher risk  of them becoming                                                               
cigarette smokers.   (Audio difficulties) a  publication from the                                                               
Institute of Drug  Abuse advised that 30.7  percent of teen-agers                                                               
who vape  cigarettes became actual cigarette  smokers; therefore,                                                               
vaping should be banned as well  due to the toxins in e-cigarette                                                               
smoke.  Basically, he pointed out,  if a person is a smoker "take                                                               
it outdoors,"  rather than exposing  Alaskans to  cigarette smoke                                                               
and e-cigarette smoke  in the workplace.  He  asked the committee                                                               
to please pass this legislation.                                                                                                
                                                                                                                                
2:35:19 PM                                                                                                                    
                                                                                                                                
WILLIAM HARRINGTON  advised that he  is not  a paid shill  of the                                                               
vaping  industry,  "and the  audio  in  the Anchorage  LIO  sucks                                                               
today."   He  said  that  there are  some  penalties  he did  not                                                               
believe  the state  would be  using  often because  they are  too                                                               
light for  the offenses.   He referred  to HCS CSSB  63(CRA), [AS                                                               
18.35.399(11)] page 11, lines 13-15, which read as follows:                                                                     
                                                                                                                                
               (11) "smoking" means using an e-cigarette or                                                                     
     other  oral  smoking   device  or  inhaling,  exhaling,                                                                    
     burning,  or  carrying  a   lighted  or  heated  cigar,                                                                    
     cigarette, pipe,  or tobacco or plant  product intended                                                                    
     for inhalation.                                                                                                            
                                                                                                                                
MR.  HARRINGTON  referred  to the  language:  "or  plant  product                                                               
intended for  inhalation," and said that  "marijuana or cannabis,                                                               
I don't see  in any of my  reading, and yet, I do  believe that a                                                               
plant  product intended  for inhalation  is being  pushed on  the                                                               
streets as  very many of  these pot shop  these days, so  if this                                                               
includes pot when  talking about smoking, it's not,  you know, on                                                               
the  same  page."   He  pointed  to  information located  in  the                                                               
1/21/18,  FF  (audio difficulties)  Newspaper,  that  the tax  on                                                             
recreational marijuana in Berkeley,  California is presently 26.5                                                               
percent.   He offered  his agreement  with Senator  Micciche that                                                               
the  state  must  protect employees  from  all  job-related  lung                                                               
hazards (audio  difficulties) asbestos if the  committee requires                                                               
more extreme examples.  Education of  the youth from 1st grade on                                                               
of the hazards to themselves  from (audio difficulties) self-harm                                                               
behavior is the only viable long-term solution, he said.                                                                        
                                                                                                                                
2:37:21 PM                                                                                                                    
                                                                                                                                
MARG  STONEKING, Executive  Director, American  Lung Association-                                                               
Alaska, offered  that secondhand  smoke is  especially dangerous,                                                               
and that secondhand smoke makes  it harder for people living with                                                               
lung  diseases, (audio  difficulties)  COPD, and  there are  over                                                               
100,000  Alaskans for  whom  that  is true.    She said  referred                                                               
specifically    comments    from   the    e-cigarette    industry                                                               
representatives calling in  from outside of Alaska  and said that                                                               
several times  public health (audio  difficulties).   She pointed                                                               
out that  in other  countries, public  health is  regulated under                                                               
the (audio difficulties) drug  administration found that families                                                               
smoking tobacco is bad for prevention control.  In late 2016, e-                                                                
cigarettes  were  included under  that  act  and are;  therefore,                                                               
regulated as a recreational  tobacco product (audio difficulties)                                                               
attempting  to go  down  a  different route.    However, in  this                                                               
country   no   (audio    difficulties)   has   prevented   (audio                                                               
difficulties)  as a  cessation device  to the  FDA.   Further, in                                                               
2016,  the  United States  Surgeon  General  published the  first                                                               
report  on  e-cigarettes  and  focused   on  using  young  adults                                                               
because, as the committee heard,  that is where the preponderance                                                               
of youth  takes place.   Within the Surgeon General's  report, he                                                               
concluded  that  e-vape  aerosol  is  not  safe  and  recommended                                                               
inclusion of  e-cigarettes within smoke-free laws  all across the                                                               
United  States.   She reiterated  that she  is from  the American                                                               
Lung  Association   and  it  is  the   American  public's  health                                                               
authority,  and it  advocates  for the  inclusion  of aerosol  in                                                               
[smoke  free  laws].    She pointed  out  that  the  e-cigarettes                                                               
aerosol is  full of high concentrations  of ultra-fine particles,                                                               
even higher than conventional cigarettes smoke, she added.                                                                      
                                                                                                                                
2:40:08 PM                                                                                                                    
                                                                                                                                
KRISTIN MILLER  advised that  she believes  it is  important that                                                               
Alaska  becomes  smoke-free  across all  workplaces  because  all                                                               
Alaskans deserve  a smoke-free workplace.   Smoking  continues to                                                               
be a  personal choice and smoking  should be done in  private, so                                                               
that  those who  do  not  smoke, not  be  exposed [to  secondhand                                                               
smoke] knowingly or unknowingly, she stated.                                                                                    
                                                                                                                                
2:40:50 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN,  after  ascertaining  no one  wished  to  testify,                                                               
closed public hearing on HCS SB 63(CRA).                                                                                        
                                                                                                                                
2:41:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   referred  to  [HCS  CSSB   63(CRA),  AS                                                               
18.35.399(5)(6)], page 10, lines 15-18, which read as follows:                                                                  
                                                                                                                                
              (5) "employee" means a person who is                                                                              
     employed by a business for compensation or works for a                                                                     
     business as a volunteer without compensation;                                                                              
         (6)   "employer"    means   the    state,   a                                                                          
      municipality, a regional education attendance area,                                                                       
     and a person or a business with one or more employees;                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN  commented  that   when  using  the  word                                                               
"employee," he generally thinks of  someone who is working and is                                                               
paid by someone.   Under the current definition  of employer, the                                                               
draft  includes anyone  with  "one or  more  volunteers," and  he                                                               
noted that that appears to "rub  up against the way we usually --                                                               
normally use those terms."                                                                                                      
                                                                                                                                
SENATOR MICCICHE answered that he  strongly believes Alaskans who                                                               
are  either employed  in the  traditional  sense of  the word  or                                                               
volunteering as many as 30-40  hours per week should be protected                                                               
in  a  smoke-free  workplace  whether  they  are  compensated  or                                                               
volunteering to be in that workplace.                                                                                           
                                                                                                                                
2:42:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether there  was a time  limit in                                                               
the current draft for volunteers.                                                                                               
                                                                                                                                
SENATOR MICCICHE responded that there  is not currently a minimum                                                               
in the bill.                                                                                                                    
                                                                                                                                
2:42:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER,  noting  that the  House  Community  and                                                               
Regional Affairs  Standing Committee discussed marijuana  and the                                                               
prohibition of  possibly hurting the state's  commerce, asked the                                                               
sponsor to explain where the bill is in relation to that issue.                                                                 
                                                                                                                                
SENATOR  MICCICHE offered  that that  is something  "we struggled                                                               
with" because it is a  bit hypocritical to protect employees from                                                               
the effects  of cigarette  smoke, and yet,  allow the  effects of                                                               
marijuana smoke on  perhaps those same employees.   Currently, he                                                               
answered, the  bill defers to the  board's decision as to  how it                                                               
moves forward  because he felt  "they were overstepping  a little                                                               
bit.  Although, I struggle with that decision."                                                                                 
                                                                                                                                
2:44:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX related  that  she  understands that  some                                                               
people  do not  have a  choice where  they work  and if  there is                                                               
smoking  in the  establishment, they  do not  have the  option of                                                               
quitting and moving  to another job.  Although,  in the situation                                                               
of a volunteer who is not being  paid and can come and go as they                                                               
please,  she asked  why the  volunteer would  be included  in the                                                               
definition of employee because nothing is forcing them to stay.                                                                 
                                                                                                                                
SENATOR  MICCICHE  then  offered  his  reason as  to  why  it  is                                                               
appropriate to be in the bill  in that some folks can be creative                                                               
in how  they define  employee and volunteers.   Some  folks could                                                               
have an  employee working for  them in one business,  and perhaps                                                               
they choose to  volunteer in another business.   He believes that                                                               
it  was  a way  to  avoid  a "work  around"  and  using the  word                                                               
"volunteer"  creatively.    Unless  Representative  LeDoux  could                                                               
think of  another way to  ensure that  people were not  finding a                                                               
way to do that, because "again  you have the same problem, people                                                               
have to work" and that is  the reason he supports it remaining in                                                               
the bill, he said.                                                                                                              
                                                                                                                                
2:45:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  noted  that the  sponsor  had  previously                                                               
talked  about   wanting  to  have  the   softest  footprint,  and                                                               
including a volunteer without any  evidence that the volunteer is                                                               
actually being  coerced because they  work for  another business,                                                               
does  not  seem  to  be  the softest  possible  footprint.    She                                                               
suggested  that an  employee  be defined  as  one normally  would                                                               
define an  employee, and if  there turns out  to be a  problem to                                                               
address the problem.                                                                                                            
                                                                                                                                
SENATOR MICCICHE  commented that  that dovetails with  his answer                                                               
earlier regarding the issue with  the Veterans' Clubs and many of                                                               
the animal clubs, such as the  Elks, Moose, Eagles, and so forth.                                                               
In this case,  he advised, those clubs have a  tendency to have a                                                               
lot  of volunteers  that cover  some of  the hours  and it  could                                                               
become confusing.   He mentioned that many  folks have approached                                                               
him on  that kind of  a private club, particularly  the Veterans'                                                               
Clubs,  and  stressed  that  there  are  Veterans'  Club  members                                                               
"screaming for  smoke-free establishments"  where they  can visit                                                               
with  their veterans.   He  said, "They  don't want  to step  out                                                               
often,"  but  younger  veterans  are  coming  home  from  various                                                               
countries   with  younger   families,   and   "they  are   having                                                               
difficulties  growing those  clubs" due  to some  of the  tobacco                                                               
consumption  taking   place  in   those  clubs.     Although,  he                                                               
acknowledged,  not  "all  of  them" have  come  out  formally  in                                                               
support  of  this  bill,  the  unofficial  supporter  is  a  high                                                               
proportion  of  users  of  those  facilities.   A  lot  of  those                                                               
facilities have volunteers covering some  of the hours, which was                                                               
one of the considerations, he said.                                                                                             
                                                                                                                                
2:48:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  noted that she was  still confused because                                                               
Senator Micciche  had not given  her anything that  suggests that                                                               
our Veterans' Clubs  or all sorts of clubs would  have a tendency                                                               
to try to  circumvent the law.  Certainly, our  veterans who have                                                               
fought for our  freedoms and risked their lives  for our freedoms                                                               
would  be the  last  people to  try to  circumvent  the law,  she                                                               
opined.                                                                                                                         
                                                                                                                                
SENATOR MICCICHE advised  Chair Claman that "I will  not sit here                                                               
and have  my words twisted as  though" ... He said  that he could                                                               
give a  long speech about his  support for veterans, but  what he                                                               
is trying  to explain is that  a lot of organizations  have a lot                                                               
of volunteers.   He stressed that  this bill can in  no manner be                                                               
construed  in any  reasonable approach  to  be anti-veteran,  the                                                               
fact is  that it is pro-veteran,  especially pro-younger veterans                                                               
who are  exposed to secondhand  smoke and  want to see  a change.                                                               
He pointed  out that he  is supporting veterans in  that approach                                                               
who want to see a change                                                                                                        
                                                                                                                                
CHAIR CLAMAN noted  that this debate covers  the classic question                                                               
about "where  does one  individual's right end  and the  right of                                                               
one's neighbor  begins?"  These  are not easy questions  and they                                                               
have been debated for decades.                                                                                                  
                                                                                                                                
2:50:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  surmised  that   the  argument  with  the                                                               
veterans'  organizations is  not so  much a  concern with  anyone                                                               
circumventing  the  law  vis-à-vis  the  volunteers,  but  merely                                                               
because   the  sponsor   believes  that   a  number   of  people,                                                               
particularly the  younger veterans,  would like  to see  a smoke-                                                               
free environment.                                                                                                               
                                                                                                                                
SENATOR MICCICHE  opined that there  were many  considerations to                                                               
be  taken  when  processing  a  bill  for  four-years,  and  both                                                               
statements are true.   He pointed out that  there are individuals                                                               
who  will  find  a  creative way  to  (audio  difficulties)  that                                                               
sometimes  continues to  put people  at risk,  and he  offered to                                                               
provide   Representative  LeDoux   with  publications   from  the                                                               
different veteran's  groups that they  have been working  on this                                                               
nationwide effort to go smoke-free.   He offered that it could be                                                               
a privately  held facility  that decides  it will  find a  way to                                                               
find  some  volunteers for  different  events  to avoid  claiming                                                               
employees, but  the effects are the  same.  He opined  that Chair                                                               
Claman  was correct  in that  it is  about the  greatest property                                                               
right, and  the greatest property  right in this country,  as far                                                               
as he  concerned, is  the right of  your own person.   It  is the                                                               
right, in a  typical setting, for employees to  be protected from                                                               
the effects of secondhand smoking, he advised.                                                                                  
                                                                                                                                
2:51:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP asked whether it is true that most non-                                                                     
profits in  Alaska have a  combination of paid and  unpaid people                                                               
working for them.                                                                                                               
                                                                                                                                
SENATOR MICCICHE advised that "I  can say" that the majority, but                                                               
he could  also say there  is a  high percentage of  private clubs                                                               
that have volunteer support within their ranks.                                                                                 
                                                                                                                                
2:52:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  advised that  when  he  was a  staffer,  he                                                               
carried this bill  for two-years for Senate  Micciche and regrets                                                               
they could not get it across the  finish line.  One of the things                                                               
they discovered  with this question  is that non-profits,  by the                                                               
dozens,  will  have   one  paid  CEO  and   a  dozen  volunteers.                                                               
Therefore, if people  start parsing the definition,  it is almost                                                               
impossible to go smoke-free, he pointed out.                                                                                    
                                                                                                                                
2:53:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FANSLER  advised that many times  in Bethel, folks                                                               
may  get  sentenced  to  community   service  as  part  of  their                                                               
[sentencing] and they are forced  to volunteer "and that that can                                                               
take a large range."   He asked whether that is  what the bill is                                                               
also seeking to  capture here, as well perhaps  by the definition                                                               
of  volunteer.   For example,  a  situation where  a single  sole                                                               
practitioner business needs some  volunteers to possibly unload a                                                               
shipment or help  sort through donations.  He  asked whether that                                                               
would  expand this  to protect  those  people who  are "kind  of"                                                               
forced to volunteer in that situation.                                                                                          
                                                                                                                                
SENATOR MICCICHE opined that that  would probably be an area that                                                               
would  not capture  them.   For  instance,  an accounting  office                                                               
without employees  and is  an expansion  of a  home, that  is not                                                               
covered by this.   He said that he certainly  does not think that                                                               
anyone  will have  the opportunity  to recognize  that they  have                                                               
temporary  volunteers  working  in  that  business  that  is  not                                                               
generally covered.   His interpretation,  he offered, is  that it                                                               
would  be in  a business  that  is generally  covered, where  the                                                               
volunteers would be regarded as employees.                                                                                      
                                                                                                                                
2:54:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   referred  to  [HCS  CSSB   63(CRA),  AS                                                               
18.35.306(b)], page 6, lines 6-8, which read as follows:                                                                        
                                                                                                                                
          (b) ... conspicuously display a sign that reads                                                                       
     "Smoking  within  (number  of feet)  Feet  of  Entrance                                                                    
     Prohibited by  Law--Fine $50" visible from  the outside                                                                    
     of each entrance to the building.                                                                                          
                                                                                                                                
REPRESENTATIVE EASTMAN  noted that  in other  places of  the bill                                                               
there  is just  a prohibition  on  smoking generally  with a  $50                                                               
fine.   He asked  whether that  would apply  to Uber  drivers and                                                               
whether every Uber driver must put  that type of signage in their                                                               
vehicles.                                                                                                                       
                                                                                                                                
SENATOR  MICCICHE commented  that possibly  someone from  Uber is                                                               
listening and  could clarify that  as a national  policy, neither                                                               
Uber or  Lyft allows for smoking  in their vehicles at  any time.                                                               
He said  that he does not  know whether they require  the signage                                                               
and whether taxis or other vehicles for hire require signage.                                                                   
                                                                                                                                
2:56:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  referred to  people who  work out  of the                                                               
house and asked  whether that becomes prohibited  under this bill                                                               
as far as smoking or signage.                                                                                                   
                                                                                                                                
SENATOR MICCICHE answered "No."                                                                                                 
                                                                                                                                
MS.  NEENON, in  response  to  Representative Eastman's  previous                                                               
question, answered that vehicles would  have to have some sort of                                                               
a no smoking sign, which could  include anything from a little no                                                               
smoking  sticker, or  something  printed off,  or  a "no  Puffin"                                                               
sign, "those are all allowed for in here."                                                                                      
                                                                                                                                
2:57:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  expressed concern about  parents smoking                                                               
in  their  homes   and  commented  that  there   is  nothing  the                                                               
legislature can do  about that issue.  She said  her husband grew                                                               
up in  a family  where both  parents smoked,  and he  suffers the                                                               
effects.  She offered concern  as to the powerful testimonies and                                                               
the harmful  impacts that secondhand  smoking causes  on innocent                                                               
bystanders.                                                                                                                     
                                                                                                                                
2:59:58 PM                                                                                                                    
                                                                                                                                
SENATOR  MICCICHE thanked  the committee  for  hearing the  bill,                                                               
noting that it  is difficult to find the proper  line between the                                                               
government's  role, protecting  innocent  folks,  and a  parent's                                                               
choice.   He related that it  was a struggle "that  we had, which                                                               
is the  only reason I  could go  as far as  I would go,  I really                                                               
don't support going any further."                                                                                               
                                                                                                                                
[HCS SB 63(CRA) was held over.]                                                                                                 

Document Name Date/Time Subjects
SB063 ver T 1.22.18.PDF HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Sponsor Statement 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Sectional Analysis ver T 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Explanation of Changes ver N to T 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Supporting Document-Evidence on Secondhand Smoke 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Supporting Document-Dittman Survey 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Supporting Document-Resolutions of Support 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Supporting Document-Letters of Support (Part 1) 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Supporting Document-Letters of Support (Part 2) 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Fiscal Note DCCED-AMCO 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Fiscal Note DEC-EH 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Fiscal Note DHSS-CDPHP 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Fiscal Note DPS-APSC 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63
SB063 Fiscal Note DOT-COM 1.22.18.pdf HJUD 1/22/2018 1:00:00 PM
SB 63