Legislature(1999 - 2000)
04/10/2000 02:20 PM Senate JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 377
HB 37-CIGARETTES:SALES/ EDUC & CESSAT'N PROGRAM
SENATOR ELLIS moved to adopt a proposed SCS CSHB 37(JUD), labeled
version Y. There being no objection, the motion carried.
REPRESENTATIVE ROKEBERG, sponsor of HB 37, said that on page 2,
line 20, after the word "is" the word "not" was deleted, and "any
health warning, including" was added to the sentence. The new
wording is: (B) any health warning, including a health warning
that is specified in 15 U.S.C. 133 (Federal Cigarette Labeling and
Advertising Act).
On page 3, line 20, "required to be" was added. The new wording
is: (g) A person who is required to hold a business license
endorsement under this section, or who is required to be licensed
or agrees to be licensed under AS 43.50.010, or an agent or
employee of the person, may not...."
Page 5 contains the outline of what a tobacco control and cessation
program should do and more emphasis on youth was added.
REPRESENTATIVE ROKEBERG noted that, in large part, the bill
includes a provision prohibiting grey market sales, the sale of
export cigarettes for manufacture for export. HB 37 also has a
provision prohibiting the sale of loose cigarettes, and a provision
that applies to the duty-free shop at the Anchorage airport. HB 37
does have a fiscal note that will be addressed by the Senate
Finance Committee. That fiscal note reflects the need for HB 37 to
be in compliance with the Master Smoking Agreement. Over the years
Alaska should receive around $680 million from that settlement so
the fiscal note represents a mere token of that amount. The Center
for Disease Control recommends that the State of Alaska spend as
much as $8 million to add a comprehensive smoking control program.
REPRESENTATIVE ROKEBERG said the primary thrust of HB 37 is the
provision on page 5 that dictates the state shall administer the
program by grant or contract. He emphasized that he sees no need
to create a bureaucracy to do that as DHSS will only be passing
money to other agencies. The wording for that provision reads:
(15) a comprehensive smoking education, tobacco use prevention, and
tobacco control program; to the maximum extent possible, the
department shall administer the program required under this
paragraph by grant or contract with more than one organization in
the state; the department's program must include.
Representative Rokeberg explained that his intention is to send a
policy statement from the legislature saying there is no need for
the bureaucracy to administer these programs, there are existing
organizations in the state that have that capability.
Number 634
CHAIRMAN TAYLOR asked for the meaning of the phrase "an enforcement
component." He wondered if this will enable a review of the grants
and programs.
REPRESENTATIVE ROKEBERG said an evaluation component is essential
to make sure the program is working. The enforcement provision
contains broad language intended for follow-up.
CHAIRMAN TAYLOR asked what the penalties are for grey market sales.
REPRESENTATIVE ROKEBERG said there is no penalty, the department
confiscates and destroys the cigarettes. A provision on page 4,
line 8, (h) A violation of (g) of this section is an unfair or
deceptive act or practice under AS 45.50.471, makes grey market
sales a violation.
CHAIRMAN TAYLOR said that his only concern with HB 37 is that the
crime is not even a class B misdemeanor. He noted that he would
like to hold the bill in committee just long enough to get an
amendment for the purpose of stiffening the penalty provision.
Number 835
SENATOR HALFORD said that on page 2 the bill reads, "the
commissioner shall treat as confidential certain information," and
he wondered what the information is and why it has to be
confidential.
REPRESENTATIVE ROKEBERG replied it is marketing information.
SENATOR HALFORD noted that on page 3, line 7, the language says
"for personal use free of federal tax or duty," and it looks like
this only applies to importation for sale. He asked if there is a
penalty in existing law for importation of large quantities not for
sale.
Number 925
REPRESENTATIVE ROKEBERG said he can only answer in part, cigarettes
cannot be brought in from a foreign country.
SENATOR HALFORD said his real concern is with importation from a
state that has a lower tax rate than Alaska.
REPRESENTATIVE ROKEBERG said he believes that is prohibited but he
is not certain.
SENATOR HALFORD asked if HB 37 creates an exemption that does not
exist or if a penalty that exists is being reduced.
REPRESENTATIVE ROKEBERG said he would get back to the committee
with that information.
Number 992
CHAIRMAN TAYLOR asked if there was an objection to the adoption of
Version Y. There being no objection, Version Y was adopted.
MR. ELMER LINDSTROM, Special Assistant for the Department of Health
and Social Services (DHSS), said he has been working with Section
3 of HB 37 and recommends two minor changes. First, DHSS suggests
deleting the word "tobacco" on page 5, line 7, and inserting the
word "nicotine" prior to the word "gum." The new wording will
read: (A) a community-based tobacco use prevention and cessation
component addressing the needs of youth and adults that includes
use of cessation aids such as a nicotine patch or a nicotine gum
tobacco substitute;".
REPRESENTATIVE ROKEBERG agreed with the amendment.
SENATOR DONLEY moved to adopt amendment 1. There being no
objection, amendment 1 was adopted.
MR. LINDSTROM said the other change DHSS suggests is on page 5,
line 12; delete the word "smokers" and insert "tobacco users." The
new language will read: (C) anti-tobacco counter-marketing
targeting both youth and adult populations designed to communicate
messages to help prevent youth initiation of tobacco use, promote
cessation among current tobacco users, and educate the public about
the lethal effects of exposure to secondhand smoke;.
REPRESENTATIVE ROKEBERG agreed with the amendment.
SENATOR DONLEY moved to adopt amendment 2. There being no
objection, amendment 2 was adopted.
Number 1138
MS. CHRISTIE MCINTIRE, Executive Director of the American Lung
Association of Alaska (ALA), said she supports CSHB 37. The ALA
supports the prohibition of the sale of single cigarettes or
"LUCYS", as they are commonly known. LUCYS are easier and cheaper
to purchase; requiring cigarettes to be purchased in packs of 20
will limit the number of cigarettes that end up in the hands of
children. Laws which limit the supply of tobacco is one strategy
for reducing addiction. ALA supports DHSS administering a
comprehensive tobacco prevention, cessation, and control program in
Alaska. As a leading cause of preventable death in Alaska, tobacco
addiction needs to be specifically identified and recognized as the
tragic epidemic that it is. Other states have made significant
improvements in reducing tobacco use. These improvements are only
effective if three conditions are met. They must be comprehensive,
sustained over time, and well funded. The cost to Alaska will be
about $8 million dollars annually.
MS. MCINTIRE noted that during the last legislative session, $1.4
million was allocated to a startup effort aimed at reducing tobacco
addiction. There are now several components in place for that
program: counter-marketing advertising, media campaigns, theater
slides, and bus panels. The theme of this advertising campaign is
cessation and environmental tobacco smoke, and currently a program
is being developed around youth prevention. There are also four
other pilot projects for cessation. ALA is also working with the
Alaska Tobacco Control Alliance (ATCA) to develop goals and
objectives for future programs, as well as evaluation measures.
ALA has received 22 proposals totaling over $1.1 million for
cessation needs alone. The current level of funding is inadequate
for the job at hand.
Number 1367
CHAIRMAN TAYLOR asked Ms. McIntire if she is employed by the Lung
Association as part of the $1.1 million grant.
MS. MCINTIRE replied that she is the executive director of ALA and
the $1.4 million grant is to her organization.
CHAIRMAN TAYLOR asked if any other organization has applied for
this grant.
MS. MCINTIRE replied that last year it was a designated grant to
the ALA and they are serving on behalf of the Alaska Tobacco
Control Alliance. Many health partners throughout Alaska are
working on the goals and objectives that ALA is pursuing in this
grant. Last June the ALA met and defined the goals and objectives
for this money.
Number 1447
MS. DELISA CULPEPPER, Chair of the Alaska Tobacco Control Alliance
(ATCA), explained that ATCA is a statewide alliance of non-profit
and governmental agencies that work toward reducing tobacco-related
disease in Alaska. ATCA is not a non-profit group and, therefore,
when the settlement money came through they were not able to accept
it. This is why ATCA organizations got together and chose ALA.
It was thought that ALA was the best non-profit organization to
implement the program. ATCA works with ALA in an advisory capacity
on an ongoing basis and is developing a comprehensive tobacco plan
for Alaska. That plan will delineate ideas of where ATCA thinks
things will need to go in the future and how to measure progress.
MS. CULPEPPER said that ATCA supports HB 37 and she urged committee
members to move the bill on today.
| Document Name | Date/Time | Subjects |
|---|