Legislature(1995 - 1996)
04/29/1996 01:30 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 365 MINOR IN POSSESSION OF TOBACCO
PATTI SWENSON, staff to Representative Con Bunde, sponsor of HB
365, gave the following summary of the legislation. In 1992 the
problem of tobacco sales to minors was addressed by the Synar
amendment on the federal level. The amendment required states to
conduct random, unannounced, inspections of locations which sell
tobacco and to show reduction in illegal sales. In order to reduce
rates of nicotine addiction in youth and to assure compliance with
the Synar amendment, members of the Tobacco Control Alliance have
been seeking to undertake compliance checks to determine which
merchants are selling tobacco to children. Compliance checks
involve having undercover youth attempt to buy tobacco.
Number 159
SENATOR MILLER stated he was leary of the bill because it would
require disguising a 16-year old as an adult.
MS. LEWIS responded no disguise is used. When buying cigarettes,
the children don't try to disguise their ages, and if asked their
ages, they are told not to lie. Tobacco possession by minors is
currently illegal and law enforcement agencies are reluctant to use
children for compliance checks because the evidence may not be
valid if this practice is not permissible by law. The same
practice is used for alcoholic beverages.
SENATOR ADAMS asked how much a minor would be paid for being a
snitch in an undercover operation. MS. LEWIS was unsure whether
anyone would be paid.
Number 195
GLEN RAY of the Department of Health and Social Services
stated no methodology for paying minors has been set up. The
practice of doing compliance checks in Dillingham, Ketchikan,
Juneau and Anchorage has been done by volunteers, to date. Whether
or not the individuals will be paid is uncertain. His 15 year old
son has participated in compliance checks in Juneau, and was sold
cigarettes in 60 percent of his attempts, which is a bit lower than
the national average. The children who participate in compliance
checks are encouraged not to lie or mislead anyone, and it is
important that the child look their age.
CHAIRMAN TAYLOR referred to the required approval and parental
consent provision to participate, if the child is not of the age of
majority, and questioned whether children of any age might
participate. MR. RAY responded there is no minimum age, but
research shows that children at about age 14 are able to buy
cigarettes.
CHAIRMAN TAYLOR commented it seems inconsistent to allow these same
children to get free condoms through various programs and get
abortions without parental consent. He asked whether the bill
should contain a minimum age.
MR. RAY responded he did not know what the minimum age should be.
The point of the activity is to identify the locations where
children can buy cigarettes because some stores consistently sell
them to minors.
SENATOR GREEN asked what happens to the merchant who is not in
compliance. MR. RAY answered there is a fine of $300, but to his
knowledge no one has ever been fined.
MR. RAY informed committee members if a minor attempted to do a
compliance check without being accompanied by a police officer, the
minor could be fined and punished. This bill would allow minors to
work in cooperation with the police.
CHAIRMAN TAYLOR asked if this bill would be passed to allow the
child to break the law. MR. RAY believed it would allow a child to
work in cooperation with police.
CHAIRMAN TAYLOR asked if an underage delivery person could deliver
cigarettes as part of a grocery order. MR. RAY believed that would
be illegal if HB 365 passes.
MS. SWENSON informed committee members $480,000 in federal funds
for FY 96 for substance abuse and treatment block grants will be
withheld if the state is not in compliance with the Synar
amendment.
CHAIRMAN TAYLOR stated the Synar amendment requires an inspection
program but does not require that minors be involved. MS. SWENSON
agreed, but questioned how the state could find out if stores were
selling tobacco to minors. CHAIRMAN TAYLOR commented a compliance
check could be conducted with surveillance.
SENATOR GREEN asked how other states are fulfilling this
requirement. MR. RAY offered to get that information for committee
members.
SENATOR ADAMS questioned whether having an adult stationed outside
of a store to interview minors who have purchased cigarettes would
meet compliance requirements.
Number 352
KAREN DELANEY, Tobacco Prevention and Control Coordinator, DHSS,
stated the Department of Health and Human Services' and Substance
Abuse and Mental Health Administration's (SAMHA) written summaries
of studies nationwide have included procedures for youth
involvement and encourage the use of youth, ages 15 and 16, in
compliance checks. As the state moves into Synar implementation,
compliance check procedures will be standardized, and the age of
youth to be involved will be defined. The federal regulations do
not require the use of youth in compliance checks, however the
state cannot be effective in monitoring compliance without youth
involvement.
SENATOR GREEN questioned what the penalty would be if a minor was
smoking on the street. MR. RAY replied the child would be cited,
could be fined up to $50 and the court could require the child to
take part in an educational program.
MS. DELANEY stated SAMHA has estimated it will cost the state
$250,000 to implement the Synar amendment provisions annually. If
HB 365 does not pass, the cost will increase, because involving
youth in inspections would require local legal authority in every
community that is identified to be part of the random, unidentified
inspections. Also, the penalty associated with state non-
compliance during this third applicable year of Synar
implementation is $480,000 and will increase to 40 percent of the
federal block grant to the State of Alaska next year if it remains
out of compliance.
CHAIRMAN TAYLOR asked if we need authority of this type for the
purposes of prosecuting juveniles on illegal drug activities. MR.
RAY replied the Division of Public Health has focussed on the
consequences of long term tobacco use, so could not address the
question at this time.
CHAIRMAN TAYLOR agreed there are major health ramifications for
long term tobacco use, but discussed the huge ramifications of
short term use of other drugs. He believed there to be a shift in
policy for the involvement and utilization of young people.
MS. DELANEY emphasized HB 365 addresses compliance checks for
tobacco and did not believe it would be possible to use youth to
check for the sale of illegal street drugs.
CHAIRMAN TAYLOR asked Mr. Ray to provide the committee with
information on how other states have addressed this issue, and
announced the bill will be taken up at the next hearing. He
adjourned the meeting at 4:27 p.m.
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