Legislature(2017 - 2018)BUTROVICH 205

03/01/2017 01:30 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 63 REGULATION OF SMOKING TELECONFERENCED
Moved SB 63 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SCR 2 SEXUAL ASSAULT AWARENESS MONTH:APRIL 2017 TELECONFERENCED
Moved SCR 2 Out of Committee
                  SB 63-REGULATION OF SMOKING                                                                               
                                                                                                                                
1:33:56 PM                                                                                                                    
CHAIR WILSON called the committee back to order and announced                                                                   
the consideration of SB 63.                                                                                                     
                                                                                                                                
1:34:40 PM                                                                                                                    
SENATOR PETER MICCICHE, Alaska State Legislature, Juneau,                                                                       
Alaska, sponsor of SB 63, commented as follows:                                                                                 
                                                                                                                                
     Senate  bill  63  is  simply  about  protecting  Alaskan                                                                   
     employees in  the workplace.  In Alaska more  people die                                                                   
     annually   from  the  effects   of  tobacco  than   from                                                                   
     suicide,  motor   vehicle  crashes,  homicide,   chronic                                                                   
     diseases and  I can add several other key  diseases, Mr.                                                                   
     Chairman. The reality  of it is it is number  one and we                                                                   
     would like to change that and protect Alaska workers.                                                                      
                                                                                                                                
     Before  I make  a decision  on  carrying legislation,  I                                                                   
     put it through  a measuring yardstick of whether  or not                                                                   
     it  compromises freedom,  liberty,  and  if it  protects                                                                   
     public   safety,  health  and   cost  containment.   The                                                                   
     reality of it  is this is about protecting  non-smokers'                                                                   
     right in the  workplace to breathe smoke-free  air; this                                                                   
     is nothing  against the rights  of the smoker,  they can                                                                   
     continue  to smoke  where ever  they choose  as long  as                                                                   
     they are  not causing  others to  have to breathe  their                                                                   
     smoke. Some may  want to compare this to  a sugary drink                                                                   
     piece of  legislation and the  reality of it is  this is                                                                   
     not about  sugary drinks,  you have  the right to  drink                                                                   
     all of  the sugary  drinks you  want to, the  difference                                                                   
     is  that you don't  force others  to drink  them at  the                                                                   
     same time; that is what this bill is about for me.                                                                         
                                                                                                                                
     The  financial  burden of  caring  for those  that  fall                                                                   
     victim  to  tobacco-related  illness due  to  secondhand                                                                   
     smoke  costs the  state of  Alaska tens  of millions  of                                                                   
     dollars  annually.  We  have   a  role  to  protect  the                                                                   
     public,   particularly  employees.   Similar  roles   in                                                                   
     protecting   the    public   are   some    things   like                                                                   
     establishing  speed  limits,  regulating  driving  under                                                                   
     the influence,  electrical codes,  that sort of  things,                                                                   
     it's what we do.                                                                                                           
                                                                                                                                
     Over  half of  the population  of  Alaska are  currently                                                                   
     living  under  smoke-free laws  similar  to SB  63.  For                                                                   
     Alaskans residing  in the remaining areas of  the state,                                                                   
     this  bill  will  offer  uniformly   applied  smoke-free                                                                   
     workplace policy,  it does not  remove the right  of the                                                                   
     smoker  to   smoke;  rather,  it  limits   the  smoker's                                                                   
     ability  to  adversely  affect the  health  of  Alaska's                                                                   
     non-smoking  employees.  In  other words  Mr.  Chairman,                                                                   
     the bill simply  asks smokers to take it  outside at the                                                                   
     workplace.                                                                                                                 
                                                                                                                                
1:37:22 PM                                                                                                                    
RACHEL HANKE, Staff,  Senator Micciche, Alaska  State Legislature,                                                              
Juneau,  Alaska,  Provided  a  sectional  analysis  of  SB  63  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:                                                                                                 
                                                                                                                                
   · AS  18.35.301   -  prohibits   smoking  in  certain   places,                                                              
     including specified  enclosed areas and at or  near specified                                                              
     outdoor areas;                                                                                                             
   · provides limited  exceptions to the smoking  prohibitions for                                                              
     retail   tobacco  and  e-cigarette   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;                                                                        
   · AS 18.35.306  - requires notices of smoking  prohibitions and                                                              
     fines;                                                                                                                     
   · AS 18.35.311  - prohibits  employers  and building  owners or                                                              
     managers  from   permitting  smoking  or   supplying  smoking                                                              
     accessories in place where it is prohibited;                                                                               
   · AS  18.35.316-35.321 -  requires the  commissioner 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;                                                                        
   · AS 18.35.326  - prohibits an  employer, or owner  or operator                                                              
     of a vehicle  from retaliating for initiating  or cooperating                                                              
     with enforcement of the Act;                                                                                               
   · AS 18.35.331  - allows  a municipality  to impose  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.                                                                                                                     
                                                                                                                                
1:41:10 PM                                                                                                                    
SENATOR MICCICHE clarified compliance and commented as follows:                                                                 
                                                                                                                                
     This  is  a complaint-driven  bill  and  it's  purposely                                                                   
     light-handed.  If  you  look  at  the  examples  in  the                                                                   
     communities,  half of  the state's  population that  are                                                                   
     under  these bills,  there have been  less than  half-a-                                                                   
     dozen complaints  that have resulted in fines,  at least                                                                   
     that  was   the  last  record   that  I  saw.   I  think                                                                   
     businesses  have  realized  that  the  compliance  makes                                                                   
     sense  and have not  pushed it,  but it is  specifically                                                                   
     designed to  be light-handed.  We believe that  there is                                                                   
     value in  that society is ready  for this change  and we                                                                   
     don't  think  that heavy  fines  need to  accompany  the                                                                   
     change that we expect to occur in the bill.                                                                                
                                                                                                                                
1:42:01 PM                                                                                                                    
SENATOR BEGICH  addressed the Alaska Department  of Transportation                                                              
(DOT)  fiscal note  and  pointed out  that  12" x  12" signs  were                                                              
listed  at $25-per-sign  for  vessels, but  the  same sized  signs                                                              
were  listed  at  $10-per-sign   for  the  Ted  Stevens  Anchorage                                                              
International   Airport.  He   asked   why  there   was  a   price                                                              
difference.                                                                                                                     
                                                                                                                                
SENATOR  MICCICHE  explained  that  the material  used  for  signs                                                              
intended  for vessels  was different  in  order for  the signs  to                                                              
hold up  in marine conditions.  He added  that he expects  a donor                                                              
will  cover the  signage cost  and there  will be  no cost to  the                                                              
state.                                                                                                                          
                                                                                                                                
1:43:02 PM                                                                                                                    
CHAIR WILSON opened public testimony on SB 63.                                                                                  
                                                                                                                                
SENATOR MICCICHE  mentioned that  several invited testifiers  will                                                              
address the  committee for  either reference  or testimony:  Emily                                                              
Nenon with the  American Cancer Society and Dr.  Jay Butler, Chief                                                              
Medical  Officer   for  the  Department   of  Health   and  Social                                                              
Services.                                                                                                                       
                                                                                                                                
1:43:41 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
1:44:53 PM                                                                                                                    
CHAIR WILSON called the committee back to order.                                                                                
                                                                                                                                
1:45:20 PM                                                                                                                    
EMILY  NENON,   Alaska  Government   Relations  Director,   Alaska                                                              
Chapter  of   the  American  Cancer  Action   Network,  Anchorage,                                                              
Alaska,  testified in  support of  SB 63. She  disclosed that  she                                                              
has been working  on the smoke-free issue in Alaska  for 16 years.                                                              
She noted  that Bethel was the  first community in Alaska  to pass                                                              
a  local  smoke-free   workplace  law  in  1998   and  many  other                                                              
communities  have  adopted  local   ordinances  as  well:  Barrow,                                                              
Juneau,  Dillingham, Unalaska,  Nome, Palmer,  and Anchorage.  She                                                              
said  half the  state is  covered  by smoke-free  laws, but  noted                                                              
that many  of the  other jurisdictions  in the  state do  not have                                                              
the  power  to  pass  a  law  like  SB  63  at  the  local  level,                                                              
including:   Fairbanks  North   Star   Borough,  Kenai   Peninsula                                                              
Borough, or the Mat-Su Borough.                                                                                                 
                                                                                                                                
MS.  NENON  asserted  that  a  whole   lot  more  is  known  about                                                              
secondhand  smoke  since  1998.  She detailed  that  a  2006  U.S.                                                              
Surgeon  General  report  and additional  studies  have  concluded                                                              
that there  is no  safe exposure  level to  secondhand smoke.  She                                                              
pointed  out that  ventilation does  not work  in removing  actual                                                              
carcinogens and fine particles.                                                                                                 
                                                                                                                                
She said there is  strong support for SB 63 around  the state. She                                                              
detailed  that  recent polling  in  Alaska  showed 69  percent  of                                                              
Alaskans  supported  a  statewide smoke-free  workplace  law.  She                                                              
noted  that  examples  in  the Lower  48  has  shown  that  people                                                              
understand  smoke-free   compliance  with  self-enforcement.   She                                                              
summarized  that  everyone has  the  right to  breathe  smoke-free                                                              
air.                                                                                                                            
                                                                                                                                
1:48:30 PM                                                                                                                    
CHAIR  WILSON asked  that Ms.  Nenon address  the $15,000  signage                                                              
donation that Senator Micciche mentioned.                                                                                       
                                                                                                                                
MS.  NENON explained  that The  Americans  for Nonsmokers'  Rights                                                              
Foundation  (ANRF)  is  willing   to  make  the  signage  donation                                                              
through the  American Cancer  Society Cancer  Action Network  with                                                              
the provision that the bill remains strong.                                                                                     
                                                                                                                                
1:49:32 PM                                                                                                                    
DR.  BOB URATA,  volunteer,  American Heart  Association,  Juneau,                                                              
Alaska, testified  in support  of SB 63  with the inclusion  of e-                                                              
cigarettes as well  in the bill. He disclosed that  he is a family                                                              
physician  and has  practiced in  Juneau since  1984. He  provided                                                              
statistics on cigarette smoking as follows:                                                                                     
                                                                                                                                
   · Cigarette smoking continues to be the leading cause of                                                                     
     preventable death and disease in Alaska and the U.S.                                                                       
   · An American dies of a heart attack every 34 seconds and one                                                                
     dies of a stroke every 40 seconds.                                                                                         
   · In  Alaska, cancer  is  the  number one  cause  of death  and                                                              
     heart disease and stroke are number two.                                                                                   
   · Smoking  not  only  claims   the  lives  of  those  that  use                                                              
    tobacco, but those that are exposed to secondhand smoke.                                                                    
   · Nationally,  secondhand  smoke  causes  about  40,000  deaths                                                              
     each year.                                                                                                                 
   · The  CDC reports  that secondhand  smoke  exposure costs  the                                                              
     U.S. $5.6 billion in lost productivity and $156 billion of                                                                 
     lost productivity due to tobacco in total.                                                                                 
   · Alaska  may  save  about  $5   million  in  Medicaid  medical                                                              
     expenses, that's only Medicaid, not private insurance.                                                                     
   · Exposure  of  adults to  secondhand  smoke has  an  immediate                                                              
     adverse effect  on cardiovascular system and  causes coronary                                                              
     heart disease  and lung cancer;  in fact, just 30  minutes of                                                              
     exposure  to secondhand  smoke rapidly  impairs the  vascular                                                              
     function.                                                                                                                  
   · Long term exposure  to secondhand smoke is  associated with a                                                              
     25 to 30 percent increase for coronary heart disease in                                                                    
     adult non-smokers.                                                                                                         
                                                                                                                                
DR.  URATA  set  forth  that  smoke-free  workplace  laws  are  an                                                              
important part of  improving the health of the U.S.  and Alaska by                                                              
reducing death  and disabilities  from the  number one  and number                                                              
two  most common  causes of  disease.  He said  clean air  reduces                                                              
heart disease, stroke, cancer, and lung disease.                                                                                
                                                                                                                                
He  noted that  studies  in  ten  communities published  in  peer-                                                              
review journals  have shown a  decrease in heart  attack incidence                                                              
after  implementation  of  the   smoke-free  laws;  two  examples,                                                              
Helena, Montana,  there's a 40-percent  decrease in  heart attacks                                                              
in  Helena  residents  when  smoke-free  laws were  in  place;  in                                                              
Pueblo, Colorado,  there's  a 41-percent  decline of heart  attack                                                              
hospitalizations.  He added  that there  is a  20-percent rise  in                                                              
bar and restaurant  sales taxes collected  in the year  and a half                                                              
following the passage of this ordinance.                                                                                        
                                                                                                                                
He summarized  that the  positive impacts from  SB 63  may benefit                                                              
many  in  the  long  term,  short  term,  in  addition  to  future                                                              
generations.                                                                                                                    
                                                                                                                                
1:52:48 PM                                                                                                                    
JULIE  SCHMIDT,   volunteer,  American   Association   of  Retired                                                              
Persons  (AARP), Anchorage,  Alaska,  testified in  support of  SB                                                              
63, in  addition to the inclusion  of e-cigarettes  and marijuana.                                                              
She detailed that  51 percent of smokers in Alaska  support SB 63.                                                              
She  noted that  over 1,000  Alaska  businesses and  organizations                                                              
have signed  resolutions in  support of  a law  in Alaska  to make                                                              
all workplaces 100-percent smoke-free.                                                                                          
                                                                                                                                
1:55:37 PM                                                                                                                    
BROOKE  HEPPENSTALL, volunteer,  American  Association of  Retired                                                              
Persons (AARP),  Palmer, Alaska, testified  in support SB  63. She                                                              
opined  that the  vast majority  of  Alaskans, including  smokers,                                                              
support SB  63. She  said she appreciated  individual  rights, but                                                              
opined  that individual  rights  are  her rights  as  well as  the                                                              
smokers' rights  and said it's her  right not to breathe  air with                                                              
smoke.  She disclosed  that Palmer  has been  smoke-free for  four                                                              
years  and the  law has  been good  for business.  She noted  that                                                              
Alaska's prisons  have been smoke-free  for a long time  and asked                                                              
that  the Legislature  not  "imprison"  employees  who cannot  get                                                              
away from the smoke.                                                                                                            
                                                                                                                                
1:59:04 PM                                                                                                                    
KEN HELANDER, Advocacy  Director, American Association  of Retired                                                              
Persons  (AARP), Anchorage,  Alaska,  testified in  support of  SB                                                              
63.  He  stated  that AARP  has  long  supported  the  non-smoking                                                              
policy in many states  and does so because younger  people who are                                                              
able  to  breathe smoke-free  air  grow  up  to be  healthy  older                                                              
people. He  pointed out that  a state law  is required  because so                                                              
many  communities don't  have  the power  to  make the  smoke-free                                                              
decision themselves.                                                                                                            
                                                                                                                                
2:00:53 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
2:01:53 PM                                                                                                                    
CHAIR WILSON called the committee back to order.                                                                                
                                                                                                                                
2:02:09 PM                                                                                                                    
CHARLES  HOLYFIELD,  Director, Respiratory  Department,  Fairbanks                                                              
Memorial Hospital,  Fairbanks, Alaska, testified in  support of SB                                                              
63. He  revealed that  he is also  a member  of the American  Lung                                                              
Association.  He detailed  that  88 percent  of Alaskans  surveyed                                                              
agreed  that  all   Alaskan  workers  should  be   protected  from                                                              
secondhand smoke  in the  workplace. He added  that 72  percent of                                                              
Alaskans  support  including  e-cigarettes  due to  their  harmful                                                              
vapors.                                                                                                                         
                                                                                                                                
2:04:23 PM                                                                                                                    
EDWARD  DAILEY, representing  self,  Fairbanks, Alaska,  testified                                                              
in  support  of  SB  63. He  addressed  the  negative  effects  he                                                              
experienced from secondhand smoke.                                                                                              
                                                                                                                                
2:06:11 PM                                                                                                                    
LARRY   HACKENMILLER,   representing  self,   Fairbanks,   Alaska,                                                              
testified in opposition  of SB 63. He questioned  the effects from                                                              
secondhand  smoke  based on  the  Occupational Safety  and  Health                                                              
Administration's  indoor   air-quality  standards  and   the  U.S.                                                              
Environmental  Protection Agency's  risk standards for  regulating                                                              
acceptable exposure limits to toxic chemicals.                                                                                  
                                                                                                                                
2:09:03 PM                                                                                                                    
PETE  HANSON,  Chief Operating  Officer;  Alaska  Cabaret,  Hotel,                                                              
Restaurant and  Retailers Association (CHARR);  Anchorage, Alaska;                                                              
testified in  opposition of SB 63.  He remarked that SB  63 is not                                                              
needed  because government  officials  and citizens  on the  local                                                              
level have said "no" to a ban on smoking in bars.                                                                               
                                                                                                                                
He  asserted that  bars  are different  from  other public  places                                                              
where  smoking  has  already  been banned  due  to  the  following                                                              
restrictions: you have  to be 21 to enter a bar, no  one has to go                                                              
into a  smoking bar,  and there  are numerous  smoke-free  bars in                                                              
communities that  have voted against smoking bans.  He opined that                                                              
the patrons  and the  employees  at bars that  allow smoking  have                                                              
chosen to be in a bar that allows smoking.                                                                                      
                                                                                                                                
He  concurred   that  there   may  be   communities  where   local                                                              
governments  do not have  the authority  to institute  non-smoking                                                              
measures, but  pointed out that  there are many  communities where                                                              
local  governments  and  citizens  have  already  exercised  their                                                              
rights to not go the full-smoking ban that includes bars.                                                                       
                                                                                                                                
He  opined  that  consumers  do  a better  job  of  choosing  than                                                              
governments  do. He  pointed out  in  the hospitality  marketplace                                                              
that  more and  more  bars are  going non-smoking  because  that's                                                              
what consumers want.  He pointed out that most bars  in Alaska are                                                              
already  non-smoking  and  that   was  achieved  without  a  state                                                              
mandate squashing local control and consumer choice.                                                                            
                                                                                                                                
He summarized  that a state  mandate is  not necessary and  to let                                                              
consumers and local officials decide on their own.                                                                              
                                                                                                                                
2:11:57 PM                                                                                                                    
BRIAN  SAYLOR,   representing  self,   Alaska  Lung   Association,                                                              
Anchorage,  Alaska, testified in  support of  SB 63. He  disclosed                                                              
that  he  is  a  former  official  with  local  and  state  health                                                              
departments.  He asserted that  most people  know someone  who has                                                              
been  substantially  affected  by  either  smoking  or  secondhand                                                              
smoke. He set  forth that the effects from smoking  and secondhand                                                              
smoke on  public health is very  real and all are  preventable. He                                                              
opined  that one of  the most  important articles  in the  state's                                                              
constitution says  that the Legislature shall promote  and protect                                                              
the public  health and welfare;  that is very  easy to do  with SB                                                              
63. He  said he disagrees  with allowing individual  businesses or                                                              
communities to  make the non-smoking  decision. He opined  that it                                                              
is the employees  who take the  brunt of the dangerous  effects of                                                              
secondhand smoke when  they work in a bar or  other facility where                                                              
secondhand smoke is prevalent.                                                                                                  
                                                                                                                                
2:14:04 PM                                                                                                                    
RICHARD  BLOCK, representing  self,  Anchorage, Alaska,  testified                                                              
in support of  SB 63. He disclosed  that he is the manager  for an                                                              
organization  that owns and  manages about  125 apartments  in the                                                              
Anchorage  area. He  added that  he is  the president  of a  newly                                                              
formed organization  call the  Association of Alaska  Multi-family                                                              
Building Owners,  an organization  that takes interest  in public-                                                              
policy issues that affect the operation of apartment houses.                                                                    
                                                                                                                                
He opined that SB  63, related to its effect on  apartment houses,                                                              
is divided into three parts:                                                                                                    
                                                                                                                                
   1. Prohibition of smoking in common areas and areas that need                                                                
     to be protected.                                                                                                           
   2. Obligations imposed on landlords to do certain things like                                                                
     posting signs.                                                                                                             
   3. Enforcement and regulation.                                                                                               
                                                                                                                                
He  set  forth   that  the  Association  of   Alaska  Multi-family                                                              
Building Owners  probably does not  oppose the first two  parts of                                                              
SB 63,  but noted his  concern for the  third part  that addresses                                                              
enforcement and regulation.                                                                                                     
                                                                                                                                
2:17:59 PM                                                                                                                    
MARK BUTLER,  representing self,  Anchorage, Alaska,  testified in                                                              
support of  SB 63,  in addition to  the inclusion of  e-cigarettes                                                              
and marijuana  as well. He  disclosed that  he was an  employee of                                                              
the  Municipality  of Anchorage  Department  of Health  and  Human                                                              
Services when the  city passed the local non-smoking  ordinance in                                                              
2007.  He  revealed  that  he  spoke  with  many  bar  owners  and                                                              
managers who  were very  worried about  their businesses,  but the                                                              
result from  the non-smoking ordinance  turned out to be  good for                                                              
business.                                                                                                                       
                                                                                                                                
2:20:15 PM                                                                                                                    
KRISTEN  MCDONALD, volunteer,  American  Cancer  Society -  Cancer                                                              
Action  Network, Homer,  Alaska, testified  in support  of SB  63.                                                              
She  remarked  that  as  a nurse  she  has  experienced  too  many                                                              
patients who  suffered and  died from the  effects of  smoking and                                                              
secondhand smoke. She  added that she has seen  friends and family                                                              
members  suffer   and  die  as   well.  She  disclosed   that  she                                                              
attributed  secondhand smoke to  her having  asthma. She  said the                                                              
state needs  to protect the  50 percent  of Alaskans that  are not                                                              
covered  by  smoke-free workplace  laws.  She  set forth  that  an                                                              
individual  should  not have  to  choose  between a  paycheck  and                                                              
their life.                                                                                                                     
                                                                                                                                
2:21:27 PM                                                                                                                    
CHRYSTAL SCHOENROCK,  member, Kenai Peninsula and  Alaska Cabaret,                                                              
Hotel,  Restaurant and  Retailers  Association (CHARR),  testified                                                              
in opposition of  SB 63. She disclosed that she is  a bar owner in                                                              
Nikiski and asserted  that her patrons want to smoke  in their own                                                              
public place.  She added  that employees, some  who do  not smoke,                                                              
chose to work  at her establishment. She asserted  that bar owners                                                              
should be able to dictate how they run their establishments.                                                                    
                                                                                                                                
2:23:42 PM                                                                                                                    
DANIEL LYNCH,  representing self,  Soldotna, Alaska,  testified in                                                              
opposition of  SB 63. He  noted that bars  in Soldotna  are either                                                              
smoking or  non-smoking, a  result of  a free-market economy  that                                                              
is decided by  the property and business owners.  He asserted that                                                              
the bill's  sponsor opposes free-market  economies, the  rights of                                                              
property  and  business  owners   to  determine  their  fate,  and                                                              
endorses a government  "nanny state." He noted that  the bill will                                                              
have an  impact on  cigarette revenue  that is  generated  for the                                                              
state.                                                                                                                          
                                                                                                                                
2:26:01 PM                                                                                                                    
NOEL  BELL,  representing  self,   Palmer,  Alaska,  testified  in                                                              
support of  SB 63. She revealed  that she had  experienced working                                                              
in  an office  where  smoking was  allowed.  She said  she had  no                                                              
protection from  secondhand smoke because a  non-smoking ordinance                                                              
was not enacted  at the time. She  stated that her desire  to be a                                                              
good  steward to  her  health took  second  place to  her need  to                                                              
support herself.  She noted that not all Alaskan  communities have                                                              
the power  to pass a smoke-free  ordinance and employees  in those                                                              
communities  are  exposed  to  the  known  dangers  of  secondhand                                                              
smoke.                                                                                                                          
                                                                                                                                
2:27:37 PM                                                                                                                    
ROBIN  MINARD, representing  self, Wasilla,  Alaska, testified  in                                                              
support  of SB  63. She  revealed that  she works  for the  Mat-Su                                                              
Health Foundation  in Wasilla. She noted that  most communities in                                                              
Alaska,  such  as Mat-Su,  don't  have  health powers  so  Wasilla                                                              
cannot have  a local law and  the community badly needs  help from                                                              
the  Legislature to  have a  statewide  smoke-free workplace  law.                                                              
She  asserted that  SB 63  is not  about freedom  and taking  away                                                              
anybody's  right  to smoke  or  vape,  the  bill is  simply  about                                                              
letting all Alaskans  have the right to breathe  smoke-free indoor                                                              
air.                                                                                                                            
                                                                                                                                
2:28:20 PM                                                                                                                    
BECKY  STOPPA, representing  self, Wasilla,  Alaska, testified  in                                                              
support of  SB 63. She  remarked that she  is fortunate  enough to                                                              
live in a place  that has a lot of voluntary  smoke-free workplace                                                              
policies.                                                                                                                       
                                                                                                                                
2:29:32 PM                                                                                                                    
BETTY MACTAVISH,  representing self, Kodiak, Alaska,  testified in                                                              
support of  SB 63.  She pointed  out that there  has never  been a                                                              
vote  by   citizens  of   Kodiak  on   the  issue  of   smoke-free                                                              
workplaces.  She added  that the  Kodiak  Island Borough  Assembly                                                              
did  unanimously pass  a resolution  of support  for a  smoke-free                                                              
Alaska.                                                                                                                         
                                                                                                                                
2:31:45 PM                                                                                                                    
SHARON WOLKOFF,  representing self,  Kodiak, Alaska,  testified in                                                              
support  of SB 63.  She set  forth that  it is  important to  have                                                              
clean indoors.                                                                                                                  
                                                                                                                                
2:33:22 PM                                                                                                                    
TERRENCE   ROBBINS,   representing    self,   Ketchikan,   Alaska,                                                              
testified  in support of  SB 63.  He recounted  the impact  on his                                                              
immediate  family,  relatives  and  friends  from  tobacco-related                                                              
maladies.                                                                                                                       
                                                                                                                                
2:36:08 PM                                                                                                                    
DALE FOX,  President and  CEO; Alaska  Cabaret, Hotel,  Restaurant                                                              
and Retailers  Association (CHARR);  Anchorage, Alaska;  testified                                                              
in opposition  of SB 63. He asserted  that SB 63 adds  bars to the                                                              
existing smoking  bans that are  already in place. He  pointed out                                                              
that there  is no smoking  on planes, public buildings,  hospitals                                                              
or  the  other enumerated  locations.  He  opined  that SB  63  is                                                              
really about  bars. He pointed out  that many bars have  gone non-                                                              
smoking  as 75  percent of  the  population does  not smoke;  this                                                              
allows customers the  ability to make a free  choice when choosing                                                              
a smoking or non-smoking establishment.                                                                                         
                                                                                                                                
He  set  forth   that  CHARR's  opposition  is   simply  based  on                                                              
economics.  He opined  that most  of  the smoking  bars that  were                                                              
forced to  go non-smoking lost  customers, revenue and  profit. He                                                              
said remarks from  advocates who say, "It's good  for business" is                                                              
simply not  true. He contended that  bar owners respond  to market                                                              
demands  by their  customers  and people  should  have the  choice                                                              
whether   or   not  to   go   into   a  smoking   or   non-smoking                                                              
establishment.  He remarked  that  he does  not  see a  compelling                                                              
reason for the state to get into the smoking-ban business.                                                                      
                                                                                                                                
2:38:47 PM                                                                                                                    
WAYNE  CROWSON,   representing   self,  Delta  Junction,   Alaska,                                                              
testified  in support of  SB 63.  He remarked  that smokers  are a                                                              
selfish and  inconsiderate  of the non-smoking  public because  he                                                              
was a  smoker 20  years ago.  He set forth  that secondhand  smoke                                                              
remains the leading cause of health problems in America.                                                                        
                                                                                                                                
2:39:39 PM                                                                                                                    
ISAAC HOWELL, representing  self, Anchorage, Alaska,  testified in                                                              
opposition  of SB  63.  He disclosed  that  he  owns and  operates                                                              
"Cold Vapes 907"  in Anchorage. He set forth that  it is premature                                                              
to suggest  that vaping  is unhealthy prior  to a national  study.                                                              
He asked that any reference to vaping be removed from SB 63.                                                                    
                                                                                                                                
SENATOR  MICCICHE  commented that  vape  shops have  been  removed                                                              
from  the bill  and that  was a  result  of significant  testimony                                                              
received  on a similar  bill last  year. He  said although  he and                                                              
others believe that  people in the workplace that are  not in vape                                                              
shops should  have to share  vapors from e-cigarettes,  vape shops                                                              
themselves have been removed from bill.                                                                                         
                                                                                                                                
2:43:27 PM                                                                                                                    
CARMEN  LUNDY, member;  Kodiak-Alaska  Cabaret, Hotel,  Restaurant                                                              
and  Retailers  Association  (CHARR);  Kodiak,  Alaska;  testified                                                              
that Kodiak-CHARR  opposes SB 63. She set forth  that Kodiak-CHARR                                                              
believes  strongly  that business  owners  have  a right  to  make                                                              
their  own choices  without federal,  state  or local  governments                                                              
mandating  laws that  force business  owners to  go against  their                                                              
wishes.  She remarked  that she  cannot understand  why it  is not                                                              
possible to compromise  on the issue the way that  Kodiak has. She                                                              
said she is  proud of the way  Kodiak uses common sense  to handle                                                              
the smoking  issue. She  detailed that  Kodiak has  16-non-smoking                                                              
establishments  and 6-smoking establishments,  giving  every adult                                                              
free choice.  She asserted  that punishing  smokers for  their own                                                              
good is repulsive to basic freedom of choice.                                                                                   
                                                                                                                                
2:45:15 PM                                                                                                                    
ERICK VARGASON,  representing self,  Anchorage, Alaska,  testified                                                              
in opposition  of SB  63. He  asserted that  vaping should  not be                                                              
included in SB 63.                                                                                                              
                                                                                                                                
2:47:10 PM                                                                                                                    
CLARICE  MINGO, representing  self,  Fairbanks, Alaska,  testified                                                              
in support  of SB 63.  She specified that  she supported  the bill                                                              
because  the Fairbanks  North Star  Borough cannot  pass a  smoke-                                                              
free law.                                                                                                                       
                                                                                                                                
2:47:54 PM                                                                                                                    
STEVEN   MAPES,   advocate,   Smoke    Free   Alternatives   Trade                                                              
Association, Kenai,  Alaska, testified in opposition of  SB 63. He                                                              
opined  that the  bill  will make  it  impossible  for the  vaping                                                              
industry to grow in Alaska.                                                                                                     
                                                                                                                                
2:51:44 PM                                                                                                                    
DR.  JAY   BUTLER,  Chief  Medical   Officer  and   Public  Health                                                              
Director, Division  of Public Health, Alaska Department  of Health                                                              
and Social  Services, Anchorage,  Alaska, testified in  support of                                                              
SB 63.  He addressed studies  that have documented  the short-term                                                              
health  effects of  secondhand smoke  and the  benefits of  smoke-                                                              
free laws.  He asserted  that smoke-free  laws will lower  medical                                                              
costs as well.                                                                                                                  
                                                                                                                                
2:54:45 PM                                                                                                                    
SENATOR  VON  IMHOF  asked  Dr. Butler  to  address  his  thoughts                                                              
regarding secondhand  smoke and  how it relates  to vaping  and e-                                                              
cigarettes.                                                                                                                     
                                                                                                                                
DR. BUTLER  replied that there  is a lot  that is not  known about                                                              
the health risks from vaping.                                                                                                   
                                                                                                                                
2:56:55 PM                                                                                                                    
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
SENATOR MICCICHE commented on discussions.                                                                                      
                                                                                                                                
     As you  can imagine,  I have  spoken to almost  everyone                                                                   
     on  the list in  the past.  I will  continue to  discuss                                                                   
     the  issues with  them. We  felt that  pulling the  vape                                                                   
     shops out  was for  what we know  about vapes right  now                                                                   
     was sort  of a fair  way to deal  with this issue  right                                                                   
     now, but frankly  when I'm somewhere with  my children I                                                                   
     don't want them  breathing vapes. I have  no idea what's                                                                   
     included  in those  vapors, they  can include  marijuana                                                                   
     and  other  sources,  even  for  just  what  is  in  the                                                                   
     regular nicotine  replacement agent  that is in  vaping.                                                                   
     I don't  want my children or  employees in Alaska  to be                                                                   
     subjected to those,  and that's why we just  ask them to                                                                   
     take them outside  as well; we hope that  the finding is                                                                   
     that it  is safer and  that it helps  people to  lead to                                                                   
     not  needing  the  nicotine replacement  that  they  are                                                                   
     getting through  that eventually. But I will  also reach                                                                   
     out to  Mr. Block because  multi-family building  owners                                                                   
     are  only responsible  for  the signs  and then  someone                                                                   
     smoking  in  that  space afterward  is  the  person  who                                                                   
     would  receive the  complaint, not  the property  owner.                                                                   
     We will  contact those  that certainly have  suggestions                                                                   
     if there's  anything that  can improve  the bill,  but I                                                                   
     will tell  you that after  four years and a  significant                                                                   
     amount  of support this  legislature,  we believe it  is                                                                   
     in  the right  form to pass  today and  hope that's  the                                                                   
     case.                                                                                                                      
                                                                                                                                
2:58:50 PM                                                                                                                    
SENATOR GIESSEL commented on testimony.                                                                                         
                                                                                                                                
     I  appreciate all  of the  folks that  called in  today.                                                                   
     One of  the themes  we heard  from some concerned  folks                                                                   
     was their rights  and even the word "liberty"  was used,                                                                   
     and I am  certainly an advocate. Government's  main role                                                                   
     is  to  protect the  liberty  and  the property  of  its                                                                   
     citizens,  the  personal  property  rights.  I  turn  to                                                                   
     James  Madison  who  wrote  an essay  on  the  issue  of                                                                   
     property  rights  quite  some  time  ago,  back  in  the                                                                   
     1700s,  and  in  that  essay  he  articulates  that  the                                                                   
     ultimate  property right  is  our person.  This bill  is                                                                   
     not a  prohibition on the choice  to smoke, but it  is a                                                                   
     protection  of  our person  and  our property  right  as                                                                   
     persons to choose  what we are exposed to.  I do support                                                                   
     the bill,  I am  a co-sponsor  and I appreciate  Senator                                                                   
     Micciche bringing it forward.                                                                                              
                                                                                                                                
CHAIR WILSON entertained a motion to move SB 63 from committee.                                                                 
                                                                                                                                
3:00:13 PM                                                                                                                    
SENATOR VON IMHOF moved to report SB 63, [version 30-LS0024\U],                                                                 
from committee with individual recommendations and attached                                                                     
fiscal note(s).                                                                                                                 
                                                                                                                                
3:02:05 PM                                                                                                                    
CHAIR WILSON announced that without objection, SB 63 moved from                                                                 
Senate Health and Social Services Standing Committee.                                                                           

Document Name Date/Time Subjects
SB 63 Version U.PDF SHSS 3/1/2017 1:30:00 PM
SB 63
SB 63 Sponsor Statement.pdf SHSS 3/1/2017 1:30:00 PM
SB 63
SB 63 Sectional Analysis Version U.pdf SHSS 3/1/2017 1:30:00 PM
SB 63
SB 63 fiscal notes.PDF SHSS 3/1/2017 1:30:00 PM
SB 63
SB 63 Supporting Document - Evidence on Secondhand Smoke.pdf SHSS 3/1/2017 1:30:00 PM
SB 63
SB 63 Supporting Document - E-Cigarette Fact Sheet.pdf SHSS 3/1/2017 1:30:00 PM
SB 63
A framework for evaluating the public health impact of e-cigarettes and other vaporized nicotine pro.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 - Alex McDonald
E-cigarettes around 95% less harmful than tobacco estimates landmark review - Press releases - GOV.U.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 - Alex McDonald
E-cigarettes safer than smoking says long-term study Cancer Research UK.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 - Alex McDonald
Ecigarettes_an_evidence_update_A_report_commissioned_by_Public_Health_England_FINAL.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 Alex MCDonald
E-Cigarettes-Poised-to-Save-Medicaid-Billions-Publications-State-Budget-Solutions.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 Alex McDonald
Feasibility of Electronic Nicotine Delivery Systems in Surgical Patients Nicotine & Tobacco Resear.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 Alex McDonald
Full PDF Download - FDA Deeming Regulations for E-Cigarettes & Liquids, all 499 Pages - Vapeix - Tea.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 Alex McDonald
Mayo Clinic E-Cigarettes Slash Smokers' Tobacco Use The Daily Caller.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 - Alex McDonald
PATH Study A survey of Ecig use in the US Vaping Post.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 Alex McDonald
PHE-advice-on-use-of-e-cigarettes-in-public-places-and-workplaces.pdf SHSS 3/1/2017 1:30:00 PM
SB 63 Alex McDonald
SB 63 Support Letters Round 1.PDF SHSS 3/1/2017 1:30:00 PM
SB 63
DOT fiscal note SB 63.PDF SHSS 3/1/2017 1:30:00 PM
SB 63
SB 63 Support 2-28-17 (Senate Health & Social Services) March of Dimes.pdf SHSS 3/1/2017 1:30:00 PM
SB 63
Wilson Support 1.PDF SHSS 3/1/2017 1:30:00 PM
SB 63
testimony for committee Steve Mapes.docx SHSS 3/1/2017 1:30:00 PM
SB 63
SB 63 Wilson letters 1.PDF SHSS 3/1/2017 1:30:00 PM
SB 63