Legislature(2017 - 2018)BUTROVICH 205
03/01/2017 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SCR2 | |
| SB63 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 63 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SCR 2 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 1, 2017
1:30 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Natasha von Imhof, Vice Chair
Senator Cathy Giessel
Senator Peter Micciche
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 2
Proclaiming April 2017 as Sexual Assault Awareness Month.
- MOVED SCR 2 OUT OF COMMITTEE
SENATE BILL NO. 63
"An Act prohibiting smoking in certain places; relating to
education on the smoking prohibition; and providing for an
effective date."
- MOVED SB 63 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SCR 2
SHORT TITLE: SEXUAL ASSAULT AWARENESS MONTH: APRIL 2017
SPONSOR(s): SENATOR(s) MEYER
02/08/17 (S) READ THE FIRST TIME - REFERRALS
02/08/17 (S) STA, HSS
02/24/17 (S) STA REFERRAL WAIVED
02/27/17 (S) HSS AT 1:30 PM BUTROVICH 205
02/27/17 (S) Heard & Held
02/27/17 (S) MINUTE(HSS)
03/01/17 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 63
SHORT TITLE: REGULATION OF SMOKING
SPONSOR(s): SENATOR(s) MICCICHE
02/17/17 (S) READ THE FIRST TIME - REFERRALS
02/17/17 (S) HSS, FIN
03/01/17 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR PETER MICCICHE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 63.
RACHEL HANKE, Staff
Senator Micciche
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a sectional analysis for SB 63.
EMILY NENON, Director Alaska Government Relations
Alaska Chapter of the American Cancer Action Network
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 63.
DR. BOB URATA, volunteer
American Heart Association
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 63.
JULIE SCHMIDT, volunteer
American Association of Retired Persons
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 63.
BROOKE HEPPENSTALL, volunteer
American Association of Retired Persons
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 63.
KEN HELANDER, Advocacy Director
American Association of Retired Persons
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 63.
CHARLES HOLYFIELD, Director
Respiratory Department
Fairbanks Memorial Hospital
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 63.
EDWARD DAILEY, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 63.
LARRY HACKENMILLER, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition of SB 63.
PETE HANSON, Chief Operating Officer
Alaska Cabaret, Hotel, Restaurant and Retailers Association
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of SB 63.
BRIAN SAYLOR, representing self
Alaska Lung Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 63.
RICHARD BLOCK, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 63.
MARK BUTLER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 63.
KRISTEN MCDONALD, volunteer
American Cancer Society - Cancer Action Network
Homer, Alaska
POSITION STATEMENT: Testified in support of SB 63.
CHRYSTAL SCHOENROCK, member
Kenai Peninsula and Alaska Cabaret, Hotel, Restaurant and
Retailers Association
POSITION STATEMENT: Testified in opposition of SB 63.
DANIEL LYNCH, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition of SB 63.
NOEL BELL, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 63.
ROBIN MINARD, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 63.
BECKY STOPPA, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 63.
BETTY MACTAVISH, representing self
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 63.
SHARON WOLKOFF, representing self
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 63.
TERRENCE ROBBINS, representing self
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of SB 63.
DALE FOX, President and CEO
Alaska Cabaret, Hotel, Restaurant and Retailers Association
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of SB 63.
WAYNE CROWSON, representing self
Delta Junction, Alaska
POSITION STATEMENT: Testified in support of SB 63.
ISAAC HOWELL, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of SB 63.
CARMEN LUNDY, member
Kodiak-Alaska Cabaret, Hotel, Restaurant and Retailers
Association
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition of SB 63.
ERICK VARGASON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of SB 63.
CLARICE MINGO, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 63.
STEVEN MAPES, advocate
Smoke Free Alternatives Trade Association
Kenai, Alaska
POSITION STATEMENT: Testified in opposition of SB 63.
DR. JAY BUTLER, Chief Medical Officer and Public Health Director
Division of Public Health
Alaska Department of Health and Social Services
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 63.
ACTION NARRATIVE
1:30:32 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:30 p.m. Present at the
call to order were Senators von Imhof, Giessel, Micciche,
Begich, and Chair Wilson.
SCR 2-SEXUAL ASSAULT AWARENESS MONTH: APRIL 2017
1:30:54 PM
CHAIR WILSON announced the consideration of SCR 2.
1:31:45 PM
SENATOR VON IMHOF moved to report SCR 2, [30-LS0320\A], from
committee with individual recommendations and attached fiscal
note(s).
1:32:02 PM
CHAIR WILSON announced that without objection, SCR 2 moved from
Senate Health and Social Services Standing Committee.
1:32:06 PM
At ease.
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.
3:02:13 PM
At ease.
3:03:15 PM
CHAIR WILSON called the committee back to order.
3:03:38 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Health and Social Services Committee
at 3:03 p.m.