Legislature(2013 - 2014)BUTROVICH 205
04/09/2014 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB209 | |
| HCR19 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 209 | TELECONFERENCED | |
| += | HB 134 | TELECONFERENCED | |
| += | HCR 19 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
April 9, 2014
1:32 p.m.
MEMBERS PRESENT
Senator Bert Stedman, Chair
Senator Peter Micciche, Vice Chair
Senator Johnny Ellis
MEMBERS ABSENT
Senator Kevin Meyer
Senator Pete Kelly
COMMITTEE CALENDAR
SENATE BILL NO. 209
"An Act prohibiting smoking in certain locations; and providing
for an effective date."
- MOVED CSSB 209(HSS) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 134(HSS)
"An Act requiring Medicaid payment for medication compliance
packaging, delivery, and dispensing services of a prescription
for specified recipients; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(HSS)
Supporting Recover Alaska in its efforts to reduce excessive
alcohol consumption and its effects.
- MOVED CSHCR 19(HSS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 209
SHORT TITLE: REGULATION OF SMOKING
SPONSOR(s): SENATOR(s) MICCICHE
02/26/14 (S) READ THE FIRST TIME - REFERRALS
02/26/14 (S) STA, HSS, FIN
04/03/14 (S) STA AT 9:00 AM BUTROVICH 205
04/03/14 (S) Moved CSSB 209(STA) Out of Committee
04/03/14 (S) MINUTE(STA)
04/04/14 (S) STA RPT CS 1DP 2AM NEW TITLE
04/04/14 (S) DP: WIELECHOWSKI
04/04/14 (S) AM: DYSON, GIESSEL
04/07/14 (S) HSS AT 1:30 PM BUTROVICH 205
04/07/14 (S) -- MEETING CANCELED --
04/09/14 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: HCR 19
SHORT TITLE: SUPPORTING EFFORTS OF RECOVER ALASKA
SPONSOR(s): REPRESENTATIVE(s) HERRON
02/21/14 (H) READ THE FIRST TIME - REFERRALS
02/21/14 (H) HSS
03/13/14 (H) HSS AT 3:00 PM CAPITOL 106
03/13/14 (H) Scheduled But Not Heard
03/14/14 (H) HSS AT 8:00 AM CAPITOL 106
03/14/14 (H) Moved CSHCR 19(HSS) Out of Committee
03/14/14 (H) MINUTE(HSS)
03/17/14 (H) HSS RPT CS(HSS) NT 6DP
03/17/14 (H) DP: REINBOLD, PRUITT, KELLER, NAGEAK,
TARR, HIGGINS
04/01/14 (H) TRANSMITTED TO (S)
04/01/14 (H) VERSION: CSHCR 19(HSS)
04/02/14 (S) READ THE FIRST TIME - REFERRALS
04/02/14 (S) HSS
04/07/14 (S) HSS AT 1:30 PM BUTROVICH 205
04/07/14 (S) -- MEETING CANCELED --
04/09/14 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
LARRY HACKENMILLER, Secretary/Treasurer
CHARR
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
SHALONDA RILEY, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 209.
BETTY MACTAVISH, representing herself
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 209.
GEORGE CATTER, representing himself
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
CARMEN LUNDE, Director
Kodiak-CHARR
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
ROBIN MINARD, Director of Public Affairs
Mat-Su Health Foundation
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 209.
ANDREA THOMAS, representing herself
Sitka, Alaska
POSITION STATEMENT: Testified in favor of SB 209.
RYAN KAUFFMAN, representing himself
Sitka, Alaska
POSITION STATEMENT: Testified in support of SB 209.
MATT WAGGONER, Owner
Fatboy Vapors Alaska, LLC
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
DALE FOX, President
Alaska CHARR
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
ANGELO REALE, Owner
Reale Vapes
Wasilla, Alaska,
POSITION STATEMENT: Testified in opposition to SB 209.
JENNIE OLENDORFF, representing herself
Soldotna, Alaska
POSITION STATEMENT: Testified in support of SB 209.
DANIEL LYNCH, representing herself
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
GARY SUPERMAN, Owner
Hunger Hut Bar/Motel/Liquor Store
Nikiski, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
PATRICIA PATTERSON, Owner
Lucky Raven Tobacco
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
CHRYSTAL SCHOENROCK, Bar Owner
Nikiski, Alaska,
POSITION STATEMENT: Testified in opposition to SB 209.
JOHN BINDER, Division Operations Manager
Statewide Aviation
Department of Transportation and Public Facilities
Anchorage, Alaska
POSITION STATEMENT: Recommended adding an exemption for
international lounges to SB 209.
MIKE COONS, representing himself
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to SB 209.
GAIL SHEMAN, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 209.
MICHAEL PATTERSON, representing himself
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 209.
EMILY NENON, Alaska Government Relations Director
American Cancer Society
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 209.
DR. BOB URATA, Volunteer
American Heart Association
Wrangell, Alaska
POSITION STATEMENT: Testified in support of SB 209 and the
inclusion of e-cigarettes, but against the opt-out provision.
JILL LEWIS, Deputy Director
Alaska Division of Public Health
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Answered questions related to the fiscal
note for SB 209.
REPRESENTATIVE BOB HERRON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HCR 19.
ALEESHA TOWNS-BAIN, Program Officer
Rasmuson Foundation
Anchorage, Alaska
POSITION STATEMENT: Presented information related to HCR 19 -
Supporting Efforts of Recover Alaska.
DIANE KAPLAN, President
Rasmuson Foundation
Anchorage, Alaska
POSITION STATEMENT: Shared information related to Recover
Alaska.
ELZABTEH RIPLEY, Executive Director
Mat-Su Health Foundation
Wasilla, Alaska
POSITION STATEMENT: Presented information related to Recover
Alaska.
JEFF JESSEE, CEO
Alaska Mental Health Trust Authority
Anchorage, Alaska
POSITION STATEMENT: Presented information related to Recover
Alaska.
ACTION NARRATIVE
1:32:11 PM
CHAIR BERT STEDMAN called the Senate Health and Social Services
Standing Committee meeting to order at 1:32 p.m. Present at the
call to order were Senators Micciche, Ellis, and Chair Stedman.
SB 209-REGULATION OF SMOKING
1:32:38 PM
CHAIR STEDMAN announced the consideration of SB 209. He said it
is the first hearing on the bill. The intent is to adopt a
committee substitute, hear from the sponsor, take public
testimony, and look to the will of the committee.
1:33:54 PM
SENATOR ELLIS moved to adopt the CS for SB 209, labeled 28-
LS1539\P, as the working document.
CHAIR STEDMAN objected for explanation purposes.
SENATOR PETER MICCICHE, sponsor of SB 209, said the only changes
in version P were to include a municipality's ability to opt out
of the provisions in the bill, to remove airport fuel facilities
from the list, and to exempt stand-alone e-cigarette shops.
CHAIR STEDMAN removed his objection. There being no further
objection, the motion carried.
SENATOR MICCICHE related that SB 209 protects Alaska workers
from the effects of secondhand smoke. He stated that people have
the right to smoke except when it interferes with the rights of
Alaskan workers. He commented about the repercussions of
exposure to secondhand smoke. He said it is a public health
issue similar to regulation of safety standards in cars,
electrical codes, and child safety car seats.
He said another reason the bill is needed is because it will
save money on health care. Third, many communities and boroughs
are restricted from passing a local ordinance and they want to
level the playing field. He spoke of hundreds of emails in
support of the bill versus a few against the bill. Several bar
owners who have fought this for years, now support the
legislation. He noted that smoking is still allowed in smoke
shops and in e-cigarette shops.
He concluded that the bill does not ban smoking; "it asks you to
take it outside." It does not require employers to hire or not
hire employees because they smoke. It does not prohibit
employers from having stronger restrictions. It does not
prohibit local governments from adopting stronger restrictions.
He recalled when a similar initiative was on the ballot in
Anchorage, 72 percent were against it.
1:39:05 PM
SENATOR STEDMAN asked about the sections of the bill.
SENATOR MICCICHE explained that Section 1 creates a new Article
4 within AS 18.35 describing where smoking is prohibited or
regulated. Lines 7-14 prohibit smoking in enclosed areas, within
or at places of employment, public places, transportation
facilities, schools, health care facilities, restaurants, bars,
hotels, motels, child care locations, marine vessels operating
as a shore-based fisheries business, and public meeting rooms.
He summarized that the bill exempts things that make sense. He
said page 2 describes other areas where smoking is prohibited,
included outdoor arenas, stadiums, or amphitheaters, areas at a
public school or playgrounds, and within a certain distance of
health care facilities, bars and other buildings. Page 2 also
lists five exceptions to the prohibitions: private residences,
unless used for adult or child care, or if located within a
health care facility or within a hotel or motel, marine vessels
when the vessel is operating as a work place for commercial or
sport charter fishing, vehicles used exclusively by one
employee, and stand-alone retail tobacco stores and e-cigarette
stores.
He explained that page 3 describes obligations of employers,
owners, and operators to post no smoking signs within places or
vehicles where smoking is prohibited. It also requires the
Department of Health and Social Services (DHSS) to furnish signs
upon request.
He related that page 4 re-enacts existing law to require the
commissioner of DHSS to develop and maintain a procedure for
processing and investigating reports of violations. The
expectation is that it will be self-policing. The experience
around the state has been very successful. There have been no
violations reported in Anchorage after seven years.
CHAIR STEDMAN noted the seven fiscal notes: one indeterminate
fiscal note from DHSS; four fiscal notes from DOTPF totaling
$23,000 in FY 15, one fiscal note for international airports for
$8,500 for signs, one for the Alaska Marine Highway System for
$2,400 for signs, one for transportation management and security
for $10,600 for signs, one for the state equipment fleet for
$1,500 for signs; a zero fiscal note from the Department of
Administration; and a zero fiscal note from the Department of
Environmental Conservation.
1:43:28 PM
SENATOR MICCICHE said he believes that those expenses would be
lower.
CHAIR STEDMAN said finances would be taken up by the next
committee.
CHAIR STEDMAN opened public testimony.
1:44:23 PM
LARRY HACKENMILLER, Secretary/Treasurer, I-CHARR, Fairbanks,
Alaska, testified in opposition to SB 209. He said OSHA
maintains that smoking is not hazardous in the workplace. He
said the risk of secondhand smoke is non-existent. He opposed
the amendment that states the bill would protect the general
public. The bill supersedes constitutional rights to smoke in a
private resident. He said business owners should have the right
to allow smoking.
1:49:18 PM
SHALONDA RILEY, representing herself, Fairbanks, Alaska,
testified in support of SB 209. She said she believes she has
the right to not be exposed to secondhand smoke. She said there
are health issues related to someone else's smoke.
1:51:58 PM
BETTY MACTAVISH, representing herself, Kodiak, Alaska, testified
in support of SB 209. She said she worked in a bar and now has
the lungs of a smoker due to secondhand smoke. She wanted the
same standard for secondhand smoke for rural Alaskans.
1:53:52 PM
GEORGE CATTER, representing himself, Kodiak, Alaska, testified
in opposition to SB 209. He maintained that the bill is full of
penalties for private property. He said it infringes on his
rights as a bar owner.
1:55:58 PM
CARMEN LUNDE, Director, Kodiak - CHARR, Kodiak, Alaska,
testified in opposition to SB 209. She suggested that smokers be
allowed the right to smoke. In 1993 EPA published a ruling, was
taken to court, and found to be flawed. Banning smoking
infringes on private property rights.
1:58:27 PM
ROBIN MINARD, Director of Public Affairs, Mat-Su Health
Foundation, Wasilla, Alaska, testified in support of SB 209. She
related that smoking leads to health concerns. She noted that e-
cigarettes should also not be used in public places.
2:00:00 PM
ANDREA THOMAS, representing herself, Sitka, Alaska, testified in
favor of SB 209. She said she agrees e-cigarettes should also be
banned in public places. She said she has seen the results of
smoking. She stated the bill will save money on medical costs.
2:02:05 PM
RYAN KAUFFMAN, representing himself, Sitka, Alaska, testified in
support of SB 209. He said he does not support the option for a
local opt out - the provisions should be true for all
communities. He concluded that the bill will have positive
financial effects.
2:03:24 PM
MATT WAGGONER, Owner, Fatboy Vapors Alaska, LLC, Anchorage,
Alaska, testified in opposition to SB 209. He was especially
opposed to the inclusion of e-cigarettes in the bill. He quoted
studies that show e-cigarettes do not have the same second-hand
effects and they are an effective means of quitting smoking.
2:06:42 PM
DALE FOX, President, Alaska CHARR, Anchorage, Alaska, testified
in opposition to SB 209. He said bars should be exempted from
not being able to smoke. People should be able to make their own
decisions about smoking.
2:08:56 PM
ANGELO REALE, Owner, Reale Vapes, Wasilla, Alaska, testified in
opposition to SB 209. He objected to the inclusion of e-
cigarettes in the bill. He said the science quoted is not
accurate.
2:10:47 PM
JENNIE OLENDORFF, representing herself, Soldotna, Alaska,
testified in support of SB 209. She related her experience of
working in a smoke-filled office. It is a bill that protects
fundamental rights to be in a smoke-free workplace.
2:12:39 PM
DANIEL LYNCH, representing herself, Soldotna, Alaska, testified
in opposition to SB 209. He said the bill is about freedom;
freedom for the right to smoke. All of his previous employees
were able to make their own rules.
2:14:51 PM
GARY SUPERMAN, Owner, Hunger Hut Bar/Motel/Liquor Store Nikiski,
Alaska, testified in opposition to SB 209. He said he did not
think that the legislature had the right to tell him that
customers cannot smoke in his bar. He said it should be up to
the business owner to decide.
2:17:18 PM
PATRICIA PATTERSON, Owner, Lucky Raven Tobacco, Soldotna,
Alaska, testified in opposition to SB 209. She thanked the
sponsor for the provision to include smoking in a tobacco store.
She said she knows she will be audited more due to these
changes. She said there is no research on e-cigarettes.
2:19:21 PM
CHRYSTAL SCHOENROCK, Bar Owner, Nikiski, Alaska, testified in
opposition to SB 209. She maintained that smoking should be
allowed in bars in small towns. She said it is about rights.
2:21:49 PM
JOHN BINDER, Division Operations Manager, Statewide Aviation,
Department of Transportation and Public Facilities, Anchorage,
Alaska, recommended adding an exemption for international
lounges to SB 209.
SENATOR MICCICHE suggested that this could have been discussed
earlier.
2:25:09 PM
MIKE COONS, representing himself, Palmer, Alaska, testified in
opposition to SB 209. He maintained that this bill is about the
sin tax, which will be the next step.
2:28:13 PM
GAIL SHEMAN, representing herself, Anchorage, Alaska, testified
in support of SB 209. She shared that she has worked as a
bartender for over 20 years before there was any protection for
people working in this industry. She now has COPD from
secondhand smoke.
2:29:24 PM
MICHAEL PATTERSON, representing himself, Juneau, Alaska,
testified in support of SB 209. He shared his story as a former
smoker. He said he changed his opinion now that he is dying of
COPD. He said that he has also watched a child die of secondhand
smoke. He stressed that it is very hard to avoid secondhand
smoke. He stated that science has proved that e-cigarettes do
cause cancer. He emphasized that it is necessary to have the
protection provided by this bill.
EMILY NENON, Alaska Government Relations Director, American
Cancer Society, Anchorage, Alaska, testified in support of SB
209. She said she has been working on a smoke-free workplace for
13 years. She listed partnerships with the American Cancer
Society: the American Heart Association, the American Lung
Association, the Alaska Native Health Board, AARP. She referred
to letters of support in members' packets. She noted that over
400 businesses and organizations around the state have signed
resolutions of support for a statewide smoke-free indoor work
places policy.
She discussed the economic benefits of smoke-free working
establishments. She said implementation of smoke-free laws will
be subtle, will be a matter of public education, and will be
self-enforcing.
2:37:36 PM
DR. BOB URATA, Volunteer, American Heart Association, Wrangell,
Alaska, testified in support of SB 209 and the inclusion of e-
cigarettes, but against the opt-out provision. He shared
statistics about cigarette smoking being the leading cause of
preventable disease and cause of death in the United States and
in Alaska. In Alaska it is the number one and number two cause
of death. He said about 20 percent of Americans still smoke and
it is estimated that 88 million non-smokers are exposed to
second-hand smoke. It kills nearly 50,000 Americans every year.
Smoke-free workplace laws are an important part in improving the
health of this country and this state and in reducing death and
disabilities.
He related that it is estimated in the next 20 years, the cost
of treating cardiovascular disease in America will increase
threefold. It now cost about $3 billion.
He reported in Pueblo, Colorado, the smoke-free ordinance found
a 20 percent gain in bar and restaurant sales tax from increased
sales and 27 percent fewer heart attacks. He noted the immediate
health benefits of the ordinance.
He opined that e-cigarettes should be included in the bill
because the safety of them is unknown. In a study in 2009, the
FDA found some cancer-causing substances and nicotine in some e-
cigarettes and it will be coming out with a statement soon. He
suggested, first, do no harm. He described what would have
happened if cigarettes had been adequately studied a long time
ago.
JILL LEWIS, Deputy Director, Alaska Division of Public Health,
Department of Health and Social Services (DHSS), Juneau, Alaska,
answered questions related to the fiscal note for SB 209. She
said the division has for some time emphasized the importance of
reducing smoking and exposure to second-hand smoke. She said the
department submitted an indeterminate fiscal note that reflects
different interpretations of the bill. Additional clarity from
the sponsors and the legislature is requested regarding the
scope and depth of the role of the department in the
implementation of the bill.
She related that the department will be able, as directed by the
bill, to provide access to educational programs and printable
brochures within current program and budget levels in the
Tobacco Prevention and Control Program, and is doing so
currently. The bill requires the department to provide signs for
each entrance of all public venues, places of employment,
buildings, facilities, private businesses, residents, and
vehicles statewide in which smoking will be prohibited, if that
is requested. The department can create an electronic template
available on its website for individuals and entities to access
and print for themselves. If the department is required to
produce and ship metal signage to businesses in the state, the
cost will increase. The department does currently not have the
infrastructure and staff to actively process, report, and
investigate alleged violations. Passive complaint-driven
enforcement would reduce costs.
CHAIR STEDMAN noted the bill has a referral to the Senate
Finance Committee next. He suggested that the sponsor work with
the department on their suggestions.
SENATOR MICCICHE said clarifications for the department can be
worked through.
SENATOR ELLIS moved to report CS for SB 209 from committee with
individual recommendations and attached fiscal notes.
CHAIR STEDMAN announced that without objection, CSSB 209(HSS) is
reported from the Senate Health and Social Services Standing
Committee to the next committee of referral.
2:45:35 PM
At ease
2:46:10 PM
CHAIR STEDMAN reconvened the meeting and announced that HB 134
would be heard at a later date.
HCR 19-SUPPORTING EFFORTS OF RECOVER ALASKA
2:46:47 PM
CHAIR STEDMAN announced the consideration of HCR 19. [CSHCR
19(HSS) was before the committee.] He said it is the first
hearing of the resolution. The intent is to have the sponsor
introduce the resolution, take public testimony, and set it
aside.
REPRESENTATIVE BOB HERRON, Alaska State Legislature, Juneau,
Alaska, sponsor of HCR 19. He said HCR 19 is a brief resolution
that supports the efforts of Recover Alaska. It brings awareness
to a group of Alaskans that want to recover, reclaim, and
restore the strength of Alaska's families and communities by
getting to the root causes of excessive alcohol consumption. He
referred to information in members' packets on Recover Alaska
partners.
SENATOR ELLIS thanked Recover Alaska and the Rasmuson Foundation
for their support. He said he has been involved with Recover
Alaska since its inception. He requested the committee's
support.
CHAIR STEDMAN noted one zero fiscal note from the Legislature.
2:48:57 PM
At ease
2:49:19 PM
ALEESHA TOWNS-BAIN, Program Officer, Rasmuson Foundation,
Anchorage, Alaska, presented information related to HCR 19 -
Supporting Efforts of Recover Alaska. She began with a video of
an alcoholic's story, an investment in partnership with
Anchorage Daily News.
2:53:53 PM
MS. TOWNS-BAIN described what Recover Alaska is; an initiative
to identify the root causes of excessive alcohol consumption, a
solutions-based program.
2:54:25 PM
DIANE KAPLAN, President, Rasmuson Foundation, Anchorage, Alaska,
shared information related to Recover Alaska. She related the
history of Recover Alaska. She said about four years ago,
Rasmuson Foundation convened a broad-based group of people to
discuss ways to combat the root causes of alcohol abuse in
Alaska. They decided to put the focus on building solutions at a
high decision-maker level and assembled a group of people they
felt could have an impact. Early on, colleagues such as Robert
Wood Johnson Foundation were brought in. Part of the secret of
success was a wide variety of partners; representatives from
judicial, health providers, and other non-profits serving on the
steering committee.
ELZABTEH RIPLEY, Executive Director, Mat-Su Health Foundation,
Wasilla, Alaska, presented information related to Recover
Alaska. She spoke as a funding partner of Recover Alaska. She
said the results of the Healthy Alaskans 2020 Survey showed that
alcohol use and abuse is the top health issue important to
Alaskans. It is a pervasive problem in the state and uses many
resources without seeing positive impacts. She noted the
financial impact of alcohol on Alaska's economy of #1.2 billion.
2:57:24 PM
JEFF JESSEE, CEO, Alaska Mental Health Trust Authority,
Anchorage, Alaska, presented information related to Recover
Alaska. He mentioned two other efforts Recover Alaska is
undertaking; working in conjunction with the Alcohol Beverage
Control Board to look at the Title 4 alcohol beverage control
statutory framework, and with a social norm campaign around
underage drinking around the state. Science is showing that
negative ads are not as persuasive to kids as positive ads are.
MS. TOWNS-BAIN reported on places Alaskans can look for help
using a referral system in partnership with United Way 211.
2:58:56 PM
SENATOR ELLIS moved to report CS for HCR 19(HSS) from committee
with individual recommendations and attached fiscal note.
CHAIR STEDMAN announced that without objection, CSHCR 19(HSS) is
reported from the Senate Health and Social Services Standing
Committee to the next committee of referral.
2:59:49 PM
There being nothing further to come before the committee, Chair
Stedman adjourned the Senate Health and Social Services Standing
Committee at 2:59 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HCR 19 Recover Alaska Presentation.pptx |
SHSS 4/9/2014 1:30:00 PM |
HCR 19 |