04/02/2015 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB27 | |
| HB40 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 27 | TELECONFERENCED | |
| += | HB 40 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
April 2, 2015
3:08 p.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Neal Foster
Representative Geran Tarr
Representative Adam Wool
MEMBERS ABSENT
Representative Liz Vazquez, Vice Chair
Representative Louise Stutes
Representative David Talerico
COMMITTEE CALENDAR
SPONSOR SUBSTITUE FOR HOUSE BILL NO. 27
"An Act relating to the duties of the Department of Health and
Social Services; relating to hearings on and plans for permanent
placement of a child in need of aid; relating to school
placement and transportation for children in foster care;
relating to foster care transition programs; relating to
emergency and temporary placement of a child in need of aid;
relating to the confidentiality of information regarding child
protection; and amending Rule 17.2, Alaska Child in Need of Aid
Rules of Procedure."
- MOVED SSHB 27 OUT OF COMMITTEE
HOUSE BILL NO. 40
"An Act relating to the use of electronic cigarettes; and
providing for an effective date."
- MOVED CSHB 40(HSS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 27
SHORT TITLE: DHSS DUTIES;CINA; FOSTER CARE; ADOPTION
SPONSOR(s): REPRESENTATIVE(s) GARA
01/21/15 (H) PREFILE RELEASED 1/9/15
01/21/15 (H) READ THE FIRST TIME - REFERRALS
01/21/15 (H) HSS, JUD
02/11/15 (H) SPONSOR SUBSTITUTE INTRODUCED
02/11/15 (H) READ THE FIRST TIME - REFERRALS
02/11/15 (H) HSS, JUD
02/12/15 (H) HSS AT 3:00 PM CAPITOL 106
02/12/15 (H) Heard & Held
02/12/15 (H) MINUTE(HSS)
02/24/15 (H) HSS AT 3:00 PM CAPITOL 106
02/24/15 (H) Heard & Held
02/24/15 (H) MINUTE(HSS)
04/02/15 (H) HSS AT 3:00 PM CAPITOL 106
BILL: HB 40
SHORT TITLE: USE OF ELECTRONIC CIGARETTES AS SMOKING
SPONSOR(s): REPRESENTATIVE(s) HERRON
01/21/15 (H) PREFILE RELEASED 1/9/15
01/21/15 (H) READ THE FIRST TIME - REFERRALS
01/21/15 (H) HSS, JUD
03/10/15 (H) HSS AT 3:00 PM CAPITOL 106
03/10/15 (H) Heard & Held
03/10/15 (H) MINUTE(HSS)
03/12/15 (H) HSS AT 3:00 PM CAPITOL 106
03/12/15 (H) Heard & Held
03/12/15 (H) MINUTE(HSS)
04/02/15 (H) HSS AT 3:00 PM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, answered questions
regarding HB 27.
REPRESENTATIVE BOB HERRON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, answered questions
regarding HB 40.
SHEB GARFIELD
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 40.
CLAUDIA EAVES
Café de Vapor
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB40.
BENJAMIN NGUYEN, Co-owner
Cloud 49
Eagle River, Alaska
POSITION STATEMENT: Testified in opposition to HB 40.
AMANDA LENHARD
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 40.
LUAN JENSEN
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 40.
BEVERLY LARSON
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 40.
MARGE STONEKING, Executive Director
American Lung Association in Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 40.
MARGEAUX BAILEY
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 40.
GRACE GOODYEAR
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 40.
OCTAVIA HARRIS
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 40.
ASHLEE FITCH
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 40.
MELISSA MUDD
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 40.
BECKY STOPPA
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 40.
BETTY MACTAVISH
Kodiak, Alaska
POSITION STATEMENT: Testified in support of HB 40.
ACTION NARRATIVE
3:08:39 PM
CHAIR PAUL SEATON called the House Health and Social Services
Standing Committee meeting to order at 3:08 p.m.
Representatives Seaton, Wool, Tarr, and Foster were present at
the call to order.
HB 27-DHSS DUTIES;CINA; FOSTER CARE; ADOPTION
3:09:01 PM
CHAIR SEATON announced that the first order of business would be
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 27, "An Act relating to
the duties of the Department of Health and Social Services;
relating to hearings on and plans for permanent placement of a
child in need of aid; relating to school placement and
transportation for children in foster care; relating to foster
care transition programs; relating to emergency and temporary
placement of a child in need of aid; relating to the
confidentiality of information regarding child protection; and
amending Rule 17.2, Alaska Child in Need of Aid Rules of
Procedure." He clarified that public testimony was still open.
3:09:50 PM
REPRESENTATIVE LES GARA, Alaska State Legislature, offered to
answer any questions as prime sponsor and provide information.
CHAIR SEATON referenced public testimony from a prior meeting,
and relayed that the purpose of the proposed bill was to have
this in statute, as it would give more impetus for it all to be
addressed. He pointed out that there was a zero fiscal note.
3:11:22 PM
CHAIR SEATON closed public testimony after ascertaining no one
wished to testify.
3:11:33 PM
REPRESENTATIVE FOSTER moved to report SSHB 27, Version 29-
LS0176\P, Glover, 2/9/15, out of committee with individual
recommendations and the accompanying zero fiscal note. There
being no objection, SSHB 27 was moved from the House Health and
Social Services Standing Committee.
HB 40-USE OF ELECTRONIC CIGARETTES AS SMOKING
3:12:26 PM
CHAIR SEATON announced that the next order of business would be
HOUSE BILL NO. 40, "An Act relating to the use of electronic
cigarettes; and providing for an effective date." [In front of
the committee was CSHB 40, labeled 29-LS0232\W, Martin, 3/7/15,
which had been adopted as the work draft.]
3:12:53 PM
REPRESENTATIVE BOB HERRON, Alaska State Legislature, explained
that the proposed bill would classify e-cigarettes similar to
cigars and cigarettes for use in enclosed environments. He
noted that the proposed bill only addressed the issue of second
hand aerosol, and directed attention to an advertisement which
declared, "no smoke, no ash, no smell." He pointed out that,
until technology allowed that the second hand aerosol to be
captured so as to not affect others in enclosed environments,
the legislation was necessary to classify e-cigarettes with
other smoke products.
CHAIR SEATON clarified that it was illegal in Alaska to sell or
give nicotine delivery devices to minors, without a doctor's
prescription or parental permission, no matter whether it was in
a smoking or non-smoking form.
3:15:13 PM
CHAIR SEATON opened public testimony.
3:15:27 PM
SHEB GARFIELD said that he was representing himself, although he
did manage a vape shop in Anchorage. He stated that the
proposed bill was backed by several groups, including the Alaska
Tobacco Control Alliance, the Alaska Tobacco Quit Line, and the
Department of Health and Social Services. He declared that he
had often been in opposition to these groups. He had been smoke
free for 14 months. While other methods of quitting smoking had
not been successful for him, vaping had allowed him to cut his
nicotine intake and break his hand to mouth routine. He offered
his belief that the results shared by these organizations were
not peer reviewed studies, but merely results chosen to show a
benefit, and he offered an example of recent formaldehyde and
particle studies. He stated that all of these studies show
there was not any evidence to back up the opposition theories.
He shared that most of the arguments against vaping were opinion
pieces or junk science. He reported that these aforementioned
groups were also using scare tactics. He stated that the usage
of any product would have a certain amount of exposure to teens
and children. He stated that kids do try things, "it's what
kids do, they try to get things they're not supposed to have."
He declared that it had nothing to do with marketing toward
children or teens. He decried that vaping was not a gateway to
smoking, offering as an example that marijuana had also been
declared to be a gateway drug. He allowed that, although
nicotine was deadly in large doses, it had never been classified
as a carcinogen. He reported that it was no more addictive than
caffeine, chocolate, or sex, noting that there was not a
movement to ban any of these.
3:19:42 PM
REPRESENTATIVE TARR pointed out that the legislation was not
supporting a ban, but rather proposing limitations on the
locations for use. She asked whether this changed his opinion.
MR. GARFIELD said that it did not change his opinion, pointing
out that any limitation for testing out the flavors and
equipment in a vape shop would discourage people from making the
change from tobacco products. He stated that people wanted an
easy way to quit smoking.
REPRESENTATIVE WOOL asked whether people came into the shop who
enjoyed vaping as well as smoking cigarettes.
MR. GARFIELD said that he did have some friends who partake in
both, and he pointed out that their cigarette consumption had
dropped dramatically. He stated that there was not any smoking
in his store.
REPRESENTATIVE WOOL pointed out that the proposed bill was not a
ban, but was only making enforcement similar to cigarette laws.
He asked whether it would be okay for people to vape on an
airplane.
MR. GARFIELD replied that an airplane was a closed environment
which was recycling the same air, and that the (FAA) Federal
Aviation Administration had already banned this.
3:22:30 PM
CLAUDIA EAVES, Café de Vapor, stated that she was the part owner
of several vapor stores in Washington, Idaho, and Alaska. She
relayed that she had invested in these businesses because her
son used to smoke a pack of cigarettes a day and he used chewing
tobacco, for more than 20 years. She reported that his attempts
to quit by other means had not worked but that vaping had
allowed him to quit smoking. She said that this had lead him to
open a vaping store in Boise, Idaho, and that when he had
subsequently suggested that she open a vapor store in Anchorage,
she had agreed as she had been so impressed with how vaping had
allowed him to quit tobacco products. She declared that vaping
worked, and she shared that many of her customers had expressed
their gratitude to her. She stated that vaping will save
countless lives, while cigarettes will continue to kill. She
asked the committee to not make it difficult to vape for those
people who wanted to quit tobacco. She pointed out that making
it difficult for people to sample the product would often lead
to a return to tobacco use.
REPRESENTATIVE TARR asked whether she would be comfortable with
a prohibition on indoor use of e-cigarettes, other than an
exception for the vaping store to allow testing of the product.
MS. EAVES acknowledged the concern for use in restaurants but
she expressed her concern that a customer was not allowed to
sample the different products. She declared that this could
lead to an attitude by the customer that it was too much trouble
and the person would go back to the use of cigarettes. She
suggested that people be allowed to continue to sample in a
vapor store.
3:25:31 PM
BENJAMIN NGUYEN, Co-owner, Cloud 49, stated his opposition to HB
40, expressing his belief that the proposed bill was premature,
as it would diminish the hard work and energy that had gone into
opposition to proposed SB 1. He said that including the
definition of electronic cigarettes with smoking would undermine
the efforts to help people quit smoking.
3:28:00 PM
AMANDA LENHARD said that she was testifying for herself, and
that she was aware of the toxins in second hand smoke from both
e-cigarettes and conventional cigarettes. It was important to
protect the vulnerable population, including pregnant women,
children, elders and asthma sufferers. She declared that, as
the aerosol, ultrafine particles, volatile organic compounds,
and other toxins present in e-cigarette second hand smoke were
just as dangerous as chemicals from conventional cigarettes,
they should also be included [in the same enforcement].
3:29:08 PM
LUAN JENSEN said that she was testifying on behalf of herself
and her children. She directed attention to a study by Johns
Hopkins which had recently reported that exposure to e-cigarette
vapor resulted in the decreased ability to withstand bacterial
and viral infections in mice. She acknowledged that, although
the study was on mice, this was the precursor to all laboratory
studies. She offered to forward a copy of the study to the
House Health and Social Services Standing Committee.
3:30:30 PM
BEVERLY LARSON said that she was a high school freshman with
asthma and was testifying for herself. She said that, as an
asthmatic, it was unfair to have to breathe in chemicals which
could trigger an asthma attack, which made athletics even more
difficult. She declared that she did not want to breathe in
benzene, formaldehyde, nicotine, or other harmful chemicals
which were part of second hand smoke. She asked that others
make the decision only for themselves to breathe these
chemicals, and do it at their own risk. She testified in
support of HB 40.
3:31:46 PM
MARGE STONEKING, Executive Director, American Lung Association
in Alaska, declared that she was in support of HB 40. She
acknowledged that although it was not the ultimate protection,
adding e-cigarettes to the existing state smoking laws was an
important opportunity for public discourse about the contents
and health harms. She stated that there was not any evidence
that showed the aerosol emitted by e-cigarettes was safe for
non-users to inhale. She reported that studies had found
formaldehyde, benzene, and tobacco nitrosamines were carcinogens
emitted from the e-cigarette. She said that the use of e-
cigarettes in public and work places could complicate efforts to
enforce and comply with smoke free laws. She shared that the
American Lung Association supported inclusion of e-cigarettes
under smoke free laws for the protection of non-users. She
declared that the nicotine content was potentially harmful for
children, pregnant women, people with heart or lung disease, and
the elderly. She said that the bystanders inhaling second hand
aerosol had the same amount of nicotine in their systems as
bystanders of second hand smoke. She stated that there was no
difference for the nicotine, even with the cloudless aerosol.
She stated support for HB 40.
3:34:03 PM
MARGEAUX BAILEY said that she was a student at East Anchorage
High School and that she was representing herself. She
expressed her concern for the use of e-cigarettes or vapor by
youth, as it was difficult to find a student who had not tried
e-cigarettes. Most people were under the assumption that these
were completely safe. She declared that many studies showed
that there were trace levels of nicotine in cartridges that were
labelled as nicotine free. She expressed concern for future
nicotine addiction and an increase of cigarette use.
3:35:30 PM
GRACE GOODYEAR shared that she was a freshman at East High
School and was representing herself. She expressed her concern
for the e-cigarette smokers and the bystanders surrounding them.
She declared that the small traces of nicotine in e-cigarettes
could still lead to nicotine addiction and the use of tobacco
products.
CHAIR SEATON pointed out that vape shops were exempt in proposed
SB 1.
3:36:58 PM
OCTAVIA HARRIS said that she was representing herself and was in
support of HB 40 because e-cigarettes were dangerous due to
second hand aerosol exposure and should be treated the same as
traditional cigarettes under state law.
3:37:35 PM
ASHLEE FITCH said that she was representing herself and that she
supported HB 40 because of the dangers posed by e-cigarettes and
the left over residue.
3:38:24 PM
MELISSA MUDD said that she was representing herself and that she
had submitted a written testimony in support of HB 40.
3:38:47 PM
BECKY STOPPA shared that she was representing herself and that
she was in support of HB 40. She stated that an exemption on e-
cigarettes would place an undue burden on businesses to have to
differentiate between the substances. She shared that, given
the recent legalization of marijuana, the refillable e-cigarette
cartridges could be filled with anything, including hash oil or
THC.
3:40:17 PM
BETTY MACTAVISH said that she was representing herself. She
stated that she was in support of HB 40 to add e-cigarettes to
the definition of smoking, as the health dangers of aerosol
smoke were not yet known. She expressed concern for public use
of electronic cigarettes and the ingestion of an unknown
product. She shared that there had been complaints in her
community for its use in airports. She said that the increase
of use by youth had been growing at an alarming rate, especially
with the candy flavors and the ability "to blow big giant smoke
rings has proved to be enough incentive for our youth to try
them."
3:41:56 PM
CHAIR SEATON closed public testimony after ascertaining no one
further wished to testify.
CHAIR SEATON reiterated that proposed SB 1 did exempt vape
shops.
3:42:32 PM
REPRESENTATIVE FOSTER moved to report CSHB 40, Version 29-
LS0232\W, Martin, 3/7/15, out of committee with individual
recommendations and the accompanying zero fiscal note. There
being no objection, CSHB 40(HSS) was moved from the House Health
and Social Services Standing Committee.
3:43:08 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at 3:43 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB40 - Supporting Document - CDC Testimony on Secondhand Smoke and ENDS Aerosol Alaska February 2015.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - E cig example advertisement.pdf |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Opposition - assorted form emails - 3-31-2015.pdf |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Supporting Document - Electronic Smoking Devices and Secondhand Aerosol (FS-39) 11-2014.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Letter of Support - AK LOS HB40 030315.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Letter of Support - American Cancer Society Cancer Action Network.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Supporting Document - Alaska E-cigarette Fact Sheet.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 Sponsor Statement.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40- letter of opposition-assorted form letters.pdf |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40- Fiscal note-DEC.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 -Proposed CS version W.pdf |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - powerpoint overview of e-cigarettes.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Proposed CS version W.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB 40-Opposition- Felipe.pdf |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB 40-American Cancer Network E-cigarettes and smokefree laws.pdf |
HHSS 3/12/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB 40 Opposition_Finney_3-11-15.pdf |
HHSS 3/12/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB 40-Opposition-assorted form emails_2.pdf |
HHSS 3/12/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40-Opposition-assorted form emails.pdf |
HHSS 3/10/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 -Support email.pdf |
HHSS 3/12/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40-Written Public Testimony-Opposition-3.16.2015.pdf |
HHSS 3/12/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40-Written Public Testimony-Support-3.16.2015.pdf |
HHSS 3/12/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB027_ SS_ Fiscal Note-DHSS-02-23-15.pdf |
HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 HSS Hearing Request Memo.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Research Documents.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Cunningham Letter of Support.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB027-DOA-OPA-02-06-15.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Letters of Support 2 11 2015.pdf |
HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Sectional Analysis Version P.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Sponser Statement Version P.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB027 Version P.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Letters of Support 2 11 2015.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB027_letter of support_McCarthy.pdf |
HHSS 2/12/2015 3:00:00 PM HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Deborah Bock Letter of Support.pdf |
HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Pat Cunningham Letter of Support.pdf |
HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB 27 Tamara Dietrich Letter of Support.pdf |
HHSS 2/24/2015 3:00:00 PM HHSS 4/2/2015 3:00:00 PM |
HB 27 |
| HB40 - Support -Amy Gorn.pdf |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Support- Terrance Robbins.pdf |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Opposition -Emails 4.2.2015.pdf |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |
| HB40 - Support - Written Testimony - Melissa Mudd.docx |
HHSS 4/2/2015 3:00:00 PM |
HB 40 |