03/07/2016 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB180 | |
| SB141 | |
| SB174 | |
| SB103 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 141 | TELECONFERENCED | |
| + | SB 103 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 174 | TELECONFERENCED | |
| += | SB 180 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 7, 2016
1:33 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Peter Micciche
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 180
"An Act relating to the temporary delegation by a parent or
guardian of powers related to a child; relating to adoption; and
relating to the distribution to a parent or guardian in a child
protection situation of information on family support services."
- RESCINDED ACTION ON 3/2/16 AND MOVED CSSB 180(JUD) OUT OF
COMMITTEE
SENATE BILL NO. 141
"An Act relating to possession of an electronic smoking device,
e-liquid or e-liquid product, vapor product, or alternative
tobacco product by a minor and to selling or giving an
electronic smoking device, e-liquid or e-liquid product, vapor
product, or alternative tobacco product to a minor."
- HEARD & HELD
SENATE BILL NO. 174
"An Act relating to the regulation of firearms and knives by the
University of Alaska."
- MOVED CSSB 174(EDC) OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 103
"An Act relating to school boards; relating to approval of
educational programs at residential psychiatric treatment
centers; providing for funding of educational services for
students in residential psychiatric treatment centers; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 180
SHORT TITLE: PARENT-GUARDIAN/CHILD: TEMP. POWER OF ATTY
SPONSOR(s): SENATOR(s) GIESSEL
02/12/16 (S) READ THE FIRST TIME - REFERRALS
02/12/16 (S) JUD
02/24/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/16 (S) Heard & Held
02/24/16 (S) MINUTE (JUD)
03/02/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/02/16 (S) Moved CSSB 180(JUD) Out of Committee
03/02/16 (S) MINUTE (JUD)
03/07/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 174
SHORT TITLE: REG. OF FIREARMS/KNIVES BY UNIV. OF AK
SPONSOR(s): SENATOR(s) KELLY
02/08/16 (S) READ THE FIRST TIME - REFERRALS
02/08/16 (S) EDC, JUD
02/16/16 (S) EDC AT 3:30 PM BUTROVICH 205
02/16/16 (S) Heard & Held
02/16/16 (S) MINUTE (EDC)
02/17/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/17/16 (S) Scheduled but Not Heard
02/18/16 (S) EDC AT 3:30 PM BUTROVICH 205
02/18/16 (S) Heard & Held
02/18/16 (S) MINUTE (EDC)
02/23/16 (S) EDC AT 3:30 PM BUTROVICH 205
02/23/16 (S) Moved CSSB 174(EDC) Out of Committee
02/23/16 (S) MINUTE (EDC)
02/26/16 (S) EDC RPT CS 2DP 1DNP 1NR SAME TITLE
02/26/16 (S) DP: DUNLEAVY, HUGGINS
02/26/16 (S) DNP: GARDNER
02/26/16 (S) NR: GIESSEL
02/26/16 (S) FIN REFERRAL ADDED AFTER JUD
02/29/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/29/16 (S) Heard & Held
02/29/16 (S) MINUTE JUD)
03/02/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/02/16 (S) Heard & Held
03/02/16 (S) MINUTE (JUD)
03/07/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 103
SHORT TITLE: RESIDENTIAL PSYCHIATRIC EDUCATION FUNDING
SPONSOR(s): SENATOR(s) GIESSEL
04/10/15 (S) READ THE FIRST TIME - REFERRALS
04/10/15 (S) EDC, JUD
02/17/16 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/17/16 (S) EDC, JUD
02/25/16 (S) EDC AT 3:30 PM BUTROVICH 205
02/25/16 (S) Heard & Held
02/25/16 (S) MINUTE (EDC)
03/01/16 (S) EDC AT 3:30 PM BUTROVICH 205
03/01/16 (S) Moved SSSB 103 Out of Committee
03/01/16 (S) MINUTE (EDC)
03/02/16 (S) EDC RPT 3DP 1NR
03/02/16 (S) DP: DUNLEAVY, GIESSEL, HUGGINS
03/02/16 (S) NR: GARDNER
03/07/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 141
SHORT TITLE: E-CIGS: SALE TO AND POSSESSION BY MINOR
SPONSOR(s): SENATOR(s) STEVENS
01/19/16 (S) READ THE FIRST TIME - REFERRALS
01/19/16 (S) L&C, JUD
02/04/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/04/16 (S) Heard & Held
02/04/16 (S) MINUTE (L&C)
02/18/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/18/16 (S) Heard & Held
02/18/16 (S) MINUTE (L&C)
02/25/16 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/25/16 (S) Moved CSSB 141(L&C) Out of Committee
02/25/16 (S) MINUTE (L&C)
02/29/16 (S) L&C RPT CS 4DP NEW TITLE
02/29/16 (S) DP: COSTELLO, GIESSEL, MEYER, STEVENS
03/07/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
KARI NORE, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 180 and SB 103
on behalf of the sponsor.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 141 on behalf of
the sponsor.
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 141.
ASHLEY STRAUCH, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 141.
OCTAVIA HARRIS, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 141.
STEVE MAPES, Business Owner
Kenai, Alaska
POSITION STATEMENT: Testified in support of SB 141.
ASHLEY PELTIER, representing herself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 141.
ANGELA CARROLL, Member
Smoke Free Alternative Trade Association
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 141.
GEORGE STEWART, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 141.
KATIE STEFFENS, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 141.
AMANDA LENNARD, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 141.
EMILY NENON, Alaska Government Relations Director
American Cancer Society Action Network
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 141.
JOANNA YOUNG, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 174.
ASHLEY PELTIER, Adjunct Instructor
Mat-Su College
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to SB 174.
SENATOR CATHY GIESSEL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 103.
MIKE LYONS, Vice President
Specialty Education
Universal Health Services and NorthStar Behavioral Health
Melbourne, Florida
POSITION STATEMENT: Testified in support of SB 103.
EVELYN ALSUP, Director of Education
NorthStar Behavioral Health
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 103.
ACTION NARRATIVE
1:33:43 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Micciche, Coghill, Costello, and Chair
McGuire. Senator Wielechowski arrived shortly thereafter.
SB 180-PARENT-GUARDIAN/CHILD: TEMP. POWER OF ATTY
1:34:21 PM
CHAIR MCGUIRE announced the re-consideration of SB 180. She
noted the bill passed out of the committee on March 2 and
Legislative Legal Services subsequently made conceptual changes
that appear in the new CS, version P.
1:34:30 PM
SENATOR COGHILL moved to rescind the action of reporting SB 180,
labeled 29-LS1431\H, out of committee. There being no objection,
SB 180 was before the committee.
CHAIR MCGUIRE requested a motion to adopt the new committee
substitute, version P.
1:35:00 PM
SENATOR COGHILL moved to adopt the CS for SB 180, labeled 29-
LS1431\P, as the working document.
SENATOR MICCICHE objected for discussion.
1:35:30 PM
KARI NORE, Staff, Senator Cathy Giessel, Alaska State
Legislature, related that at the hearing on March 2, 2016,
members made conceptual amendments to version H. Legislative
Legal Services noticed that there was a significant drafting
error in Section 3 on page 6 of version P, where references to
AS 13.26.023 were updated. She said it was a complex interstate
compact issue.
CHAIR MCGUIRE asked if there were any questions. She requested
more information about the change in version P. She summarized
that it related to a parent's inability to delegate a power of
attorney (POA) in absence of the other parent, so long as their
parental rights had not been terminated.
MS. NORE said that was correct. She pointed out that the
drafting error had nothing to do with the content and intent of
the bill; it relates to references. In Section 2, a new section
of delegation of powers over a minor child was created and split
from AS 13.26.020. All references were updated and some were
missing, therefore Section 4 on page 6 of version P was added to
update all references made to AS 13.26.020. There is also a
delayed effective date because it deals with interstate compact
on placement of children, as found on page 8, in Section 8.
SENATOR COGHILL asked if the new effective date is in version P.
MS. NORE said yes.
SENATOR COGHILL asked about the change in Section 3.
MS. NORE explained the change is in Section 4 and refers to an
amendment that was missed in Section 3. It amends AS
25.23.060(c).
SENATOR COGHILL understood that it was the same reference, but
in a different section.
1:39:38 PM
SENATOR MICCICHE withdrew his objection and version P was before
the committee.
SENATOR COGHILL moved to report the CS for SB 180, version P,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR MCGUIRE announced that without objection, CSSB 180(JUD) is
reported from the Senate Judiciary Standing Committee.
SB 141-E-CIGS: SALE TO AND POSSESSION BY MINOR
1:40:24 PM
CHAIR MCGUIRE announced the consideration of SB 141. She asked
if version P needed to be adopted.
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, said version P passed from the Senate Labor and
Commerce Committee and is identical to version I. [Version I was
before the committee.]
SENATOR GARY STEVENS, Alaska State Legislature, sponsor of SB
141, began by describing what the bill is not. He stated that
the bill is not a tax and does not restrict adults from smoking
e-cigarettes or tobacco. The bill applies to youth - minors
under 19 - and requires that e-cigarettes and its components be
treated like tobacco. The bill requires a business license
endorsement, relates to vending machines, and keeps exemptions
for e-cigarettes in place for medical use.
1:42:15 PM
SENATOR MICCICHE requested clarification of the age the bill
applies to.
SENATOR STEVENS said it only applies to minors under 19 years of
age.
CHAIR MCGUIRE clarified that the reason behind that age
requirement is because smoking falls under the Commerce Clause,
as opposed to First Amendment rights.
MR. LAMKIN showed a slide presentation on "Kids are Fast
Learners" that dealt with how e-cigarettes and vaping affect
Alaska's youth. He said there are hundreds of smoking products,
but no conclusive evidence about long-term health effects. He
debunked the idea that e-cigarettes will help people quit
smoking, except possibly for adult smokers.
MR. LAMKIN addressed the limit of personal freedoms for youth.
He listed things that are banned from youth. He said it is not
known whether vaping and e-cigarettes are healthier than
smoking. He questioned the health advantages of e-cigarettes
over cigarettes and maintained that they are chemical products
and often contain nicotine. He concluded that the bill is about
long-term health for youth and restricting access to electronic
smoking products in the same manner as youth are restricted from
tobacco products.
1:47:14 PM
MR. LAMKIN explained that the bill proposes to add electronic
smoking products (ESPs) to existing law that prohibits minors
from possessing tobacco. It also proposes to hold the industry
and consumers accountable for selling and possessing ESPs, in
order to protect young people.
1:48:21 PM
CHAIR MCGUIRE stated that nothing in the bill applies to adults
age 20 and older.
MR. LAMKIN agreed.
CHAIR MCGUIRE asked if there are any exceptions to the addition
of e-products to provisions in existing law regarding minors
possessing tobacco or cigarettes.
MR. LAMKIN said no. He noted the policy call regarding whether
an e-cigarette suspension should also result in a suspension in
the ability to sell tobacco products.
CHAIR MCGUIRE asked what happens when an alcohol vendor receives
an alcohol violation and they also sell tobacco products.
MR. LAMKIN said it is not the intent of the bill to suspend the
vendor from the ability to sell an unrelated product.
1:50:58 PM
CHAIR MCGUIRE listed teleconference resources available from
various entities regarding SB 141.
1:51:39 PM
MR. LAMKIN explained the sections of version I:
Section 1: AS 11.76.105(a) Adds to existing law that,
as with prohibiting minors from possessing cigarettes
or tobacco, to also prohibit possession of electronic
cigarettes and any component thereof.
Section 2: AS 11.76.107(a) Adds to existing law that,
as with tobacco product vending machines, vending
machines dispensing electronic cigarette or nicotine
products must also be supervised.
Section 3: AS 11.76.109(a) Adds to existing law that a
minor may not sell tobacco or nicotine products, nor
sell electronic cigarettes, or any related component
thereof.
1:52:18 PM
SENATOR WIELECHOWSKI inquired if the bill bans the selling of
non-nicotine e-cigarettes to children.
MR. LAMKIN said that the intent is to include all components of
electronic paraphernalia.
Section 4: AS 11.76.109(b) Provides an exception for
persons to sell or give E-cigarettes to a minor,
provided the minor is using an e-cigarette for an
approved medical purpose, such as smoking cessation,
and is provided by a parent or prescribed by a doctor.
1:53:19 PM
SENATOR MICCICHE questioned a part of Section 4, lines 21-23,
and asked if it is legal for a parent or guardian to give
someone under 19 an electronic cigarette.
MR. LAMKIN offered his understanding that there were legitimate
means for a parent or guardian to provide their child or
dependent with this product, such as for a prescribed medical
purpose.
SENATOR MICCICHE highlighted that subparagraph (B) provides four
instances of when that can happen, just like the old legislation
did for nicotine products.
MR. LAMKIN said he'd inquire why it was drafted this way; the
intent is to allow legitimate access to these products.
CHAIR MCGUIRE requested a follow up of that intent.
1:55:24 PM
MR. LAMKIN continued:
Section 5: AS 11.76.109(f) adds a new subsection
that is consistent with existing law regarding
placement of vending machines dispensing tobacco
products; that the same requirements are applied to
vending machines dispensing E-cigarette or nicotine
products.
He noted he is not aware of any existing vending machines.
Section 6: AS 11.81.900(b) Makes new definition for
"electronic smoking product," summarized as follows:
(67) a device designed to aerosolize and inhale
nicotine, a synthetic of nicotine, or other a
potentially hazardous substance that "may have an
adverse effect" on the person inhaling it.
He called Section 6 the cornerstone of the bill. The "adverse
effect" component was gleaned from the FDA.
1:56:45 PM
SENATOR WIELECHOWSKI asked if it applies to a substance in a
bottle without nicotine.
MR. LAMKIN said the key is whether it would have an adverse
effect on minors' health. He added that currently there is not
enough data to know.
SENATOR WIELECHOWSKI restated the question asking whether
someone under 19 could use an e-cigarette that did not contain
nicotine. He opined that it appears to be permitted in the bill.
MR. LAMKIN responded that it was not the intent. There is no
proof of product content yet, due to lack of labeling
requirements.
SENATOR WIELECHOWSKI recalled seeing bottles with various
strength of nicotine, including zero nicotine. He asked Mr.
Lamkin to look into it.
1:58:12 PM
SENATOR MICCICHE responded that it seems like in Section 6,
(67)(A)(ii), products that don't contain nicotine are covered.
MR. LAMKIN agreed.
CHAIR MCGUIRE opined that the language on page 4, lines 14-16,
appear to address the content and potential health issues of a
person inhaling from the device.
1:59:23 PM
MR. LAMKIN continued:
Section 7: AS 43.50.105(b) is amended for conformity,
changing "tobacco" endorsement to "business license"
endorsement, for purposes of shipping or transport of
cigarettes. It also sets up conformity for the
following Section 8 of the bill, relating to a
required business license endorsement for selling E-
cigarette or nicotine products.
Section 8: AS 43.70.075(a) amends existing law
requiring a special business license endorsement in
order to lawfully sell tobacco products, by including
the same licensing requirements for lawfully selling
E-cigarette or nicotine products.
CHAIR MCGUIRE asked if that was currently not required.
MR. LAMKIN confirmed it wasn't.
SENATOR WIELECHOWSKI asked about the rationale for changing
"tobacco" to "business license" in Section 7, page 4, line 31.
MR. LAMKIN explained that the bill does not define any ESP as a
tobacco product. They want vendors selling ESPs to have an
endorsement for enforcement purposes. It would put an umbrella
over those selling tobacco products and ESPs.
CHAIR MCGUIRE anticipated that the Department of Commerce,
Community and Economic Development would later define that
endorsement.
MR. LAMKIN agreed.
2:01:30 PM
CHAIR MCGUIRE questioned why "tobacco" is replaced with
"business license" instead of adding "e-cigarette," by "tobacco
endorsement." She wondered if that would inadvertently be
broadening the underlying tobacco statute by changing it to
"business license."
MR. LAMKIN said it was a legal drafting choice and the intent is
to put an umbrella over both tobacco and ESP products. He said
they don't want to separate the two because it would require a
second endorsement. He summarized that if a business already has
a tobacco endorsement, it would automatically have the ESP
endorsement.
2:02:45 PM
SENATOR MICCICHE noted that AS 43.70.075 is the ESP endorsement;
it adds ESP to existing law.
MR. LAMKIN continued:
Section 9: AS 43.70.075(d) amends existing law
relating to selling tobacco to minors, by adding the
same penalty provisions, including graduated fines,
for selling E-cigarette or nicotine products to
minors.
Section 10: AS 43.70.075(f) amends existing law
requiring signage when selling tobacco products, to
also require signage for selling E-cigarette or
nicotine products. The signage must read "The sale of
electronic smoking products or products containing
nicotine to a person under the age of 19 without a
prescription is illegal."
He noted the department is required to provide the signage to
the vendor and has designed a PDF version of the sign so the
vendor can print it off on their own, resulting in nearly zero
fiscal impact to the state.
SENATOR COGHILL asked whether nicotine cigarettes are currently
prescribed to minors.
MR. LAMKIN said they may be. He deferred to the department to
answer, but thought the prescriptions might be targeted for kids
addicted to nicotine.
2:05:18 PM
SENATOR MICCICHE referred to page 3 where it addresses existing
prescriptions for smoking cessation or harm reduction.
MR. LAMKIN continued:
Section 11: AS 43.70.07(i) amends existing enforcement
provisions that, as with tobacco sales, to allow the
State to seize a vendors' business license endorsement
and E-cigarette or nicotine products in the event of
such products being sold to minors.
Section 12: AS 43.70.075(l) is amended for conformity
that, as with tobacco sales, to allow one business
license endorsement to serve as an umbrella if a
vendor has multiple locations they are selling E-
cigarette or nicotine products, and to shut down only
the offending vending machine or outlet location in
the event of a violation.
Sections 13 through Sections 18: AS 43.70.075(m), (r),
(t), (v), (w), and (x) are amended for conformity
that, as with tobacco sales, to allow an evidentiary
and administrative hearing, appeal process, and
penalties in the event of violations of these
statutes, involving the sale of E-cigarette or
nicotine products to minors.
Section 19: AS 43.70.075(y) is added for consistency,
linking the definitions of "electronic smoking
products," and distinguishing between traditional
cigarette (tobacco) products and other modern nicotine
alternatives.
Section 20: AS 43.70.105(b) is amended for conformity
that, as with tobacco products, a vendor must have the
appropriate business license endorsement in order to
lawfully sell E-cigarette or nicotine products.
Section 21: AS 44.29.092 is amended for conformity
that, as with tobacco sales, providing the Dept. of
Health and Social Services the authority to issue
citations for violating state law regarding minors
buying, selling or possessing E-cigarette or nicotine
products.
Section 22: Is the applicability and effective date,
applying to offenses committed only after the
effective date of the bill, which would be 90 days
after the bill is enacted.
2:08:00 PM
SENATOR MICCICHE said he is struggling with Section 4, page 3,
lines 4-19, where it says the product is expected to be consumed
without combustion. He concluded that meant smoking cessation
products.
MR. LAMKIN said he would have to check with the bill drafter. He
noted on page 2, lines 21-31, through page 3, line 3, are
identical to Senator Micciche's reference on page 3. The first
part focuses on ESPs and the second reference is focused on all
other nicotine products. It was the drafter's choice to separate
them.
SENATOR MICCICHE suggested "a product containing nicotine or an
electronic smoking product" would be better and to not include
the new section. He said the new section opens up the
distribution of electronic smoking products by a parent and it
seems to need a qualifier.
MR. LAMKIN offered to look into it and report back to the
committee.
2:10:31 PM
CHAIR MCGUIRE asked how marijuana is dealt with in this
legislation.
MR. LAMKIN replied the bill does not deal with marijuana. He
pointed out that some products, depending on the chemical
components, are odorless, tasteless, vaporless, smokeless, and
undetectable. He understood they could include THC capsules. He
reiterated that marijuana does not apply to the bill.
CHAIR MCGUIRE thought that concern would come before the
regulatory board.
CHAIR MCGUIRE opened public testimony.
2:12:50 PM
ASHLEY STRAUCH, representing herself, testified in support of SB
141. She voiced concern about e-cigarette sales and usage by
minors. She shared that currently 18 percent of youth are using
e-cigarettes. She warned of the chemicals and nicotine in e-
cigarettes. She noted that 900 youth in Alaska became tobacco
users. She spoke in favor of strongly regulating e-cigarettes.
She said Alaska has made great strides in getting youth to quit
smoking and not become new users. She urged caution when
regulating e-cigarettes.
2:15:05 PM
OCTAVIA HARRIS, representing herself, testified in support of SB
141. She said the bill requires e-cigarette vendors to be
subject to under-age sales enforcement and have an endorsement.
She said, as a mother of two boys, she likes that it also
provides a clear message to youth that vaping is dangerous and
illegal.
2:16:13 PM
STEVE MAPES, Business Owner, testified in support of SB 141. He
said he has been working to keep youth from nicotine products.
He said his store checks IDs and refuse to sell to those under
19. He opined that there is a problem with the bill in that the
vaping industry is very different than the tobacco industry. He
did not feel the two should be tied together for an endorsement.
He maintained that the vaping industry helps people stop
smoking. He asked the sponsor to consider all the research done
on e-cigarettes as a smoking reduction tool. He believed the
vaping industry needs its own endorsement and said to let vaping
products be available to adults.
2:18:53 PM
CHAIR MCGUIRE noted the bill deals only with youth.
2:19:05 PM
ASHLEY PELTIER, representing herself, testified in support of SB
141. She echoed the sentiments of the Fairbanks testifiers. She
questioned the provision in Section 4 regarding allowing e-
cigarettes to be prescribed by a health care professional and
given to a minor by their parents. She said those devices are
not FDA approved and are not an FDA approved cessation device.
The seven FDA approved cessation medications are not approved
for use by anyone under 18.
2:20:35 PM
ANGELA CARROLL, Member, Smoke Free Alternative Trade
Association, testified in support of SB 141. She said her
organization is in full agreement with age restrictions on
electronic nicotine delivery systems. She requested that a
separate endorsement for electronic nicotine delivery systems be
enacted. She suggested some improvements to the bill. She noted
that pawn shops can sell ESP devices to anyone. She said her
association would like to see any business that wishes to sell
electronic nicotine delivery system devices be included as a
separate industry from the tobacco industry.
2:22:24 PM
GEORGE STEWART, representing himself, testified in support of SB
141. He spoke as a retired medical doctor and noted that there
are medical problems associated with ESPs, and their use by
young people should be banned. It is not known what the chemical
content of ESPs is because they are not labeled. He said in
Alaska e-cigarettes are being marketed to teens. He listed the
contents in the fumes. He opined that there is a higher risk of
youth becoming smokers as adults due to vaping first.
2:24:26 PM
KATIE STEFFENS, representing herself, testified in support of SB
141. She said ESPs are targeted to kids similar to the way
tobacco companies targeted them decades ago. ESPs are not risk-
free products for youth. She encouraged passage of SB 141 in
order to support the health of Alaska's youth.
2:25:18 PM
AMANDA LENNARD, representing herself, testified in support of SB
141. She said she supports enforcing the legal purchase age of
19 for ESPs and licensing of shops that sell those products. It
is important to reduce the accessibility of these products to
youth and prevent the increase in cigarette use by teens.
2:26:19 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society Action Network, testified in support of SB 141.
She addressed a problem of lack of enforcement ability during
compliance checks of vendors. Compliance has gone up due to
placing suspensions on business license endorsements for tobacco
sales to youth.
CHAIR MCGUIRE requested a history of tobacco cessation efforts
and current youth smoking rates.
MS. NENON related that there is a 70 percent decline in smoking
rates by youth in the last 20 years. However, there are 18
percent more high school students using electronic products. She
noted that high school students were more likely to smoke
cigarettes if they had used e-cigarettes. She reported that when
the FDA took over the regulation of tobacco products in 2010, e-
cigarette vendors went to court and demanded that e-cigarettes
be treated as tobacco products instead of as a drug-delivery
device. The vendors won and their products are being regulated
as tobacco products under federal law.
CHAIR MCGUIRE thanked Ms. Nenon for all her work in preventing
kids from becoming addicted to nicotine.
CHAIR MCGUIRE closed public testimony and held SB 141 in
committee.
2:32:07 PM
At ease
SB 174-REG. OF FIREARMS/KNIVES BY UNIV. OF AK
2:33:17 PM
CHAIR MCGUIRE announced the consideration of SB 174. She listed
the individuals who were available for questions and opened
public testimony.
2:34:14 PM
JOANNA YOUNG, representing herself, testified in opposition to
SB 174. She spoke as a student who was opposed to concealed
carry on campus because of the dangers to students and others.
She maintained that gun training will not ensure safety on
campus. She said she would have not considered going to UA if
they had had the concealed carry policy in place.
2:36:13 PM
ASHLEY PELTIER, Adjunct Instructor, Mat-Su College, testified in
opposition to SB 174. She maintained that it is unsafe to have
weapons in classrooms, especially in the social sciences where
polarizing issues are sometimes discussed. She said she does not
want to fear for her personal safety due to concealed carry on
campus. She said it is irresponsible to allow guns on campus
where there are high rates of sexual assault and substance
abuse.
2:37:47 PM
SENATOR COGHILL moved to report the CS for SB 174, version N,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR MCGUIRE announced that without objection, CSSB 174(EDC) is
reported from the Senate Judiciary Standing Committee.
SB 103-RESIDENTIAL PSYCHIATRIC EDUCATION FUNDING
2:38:33 PM
CHAIR MCGUIRE announced the consideration of SSSB 103.
SENATOR CATHY GIESSEL, Alaska State Legislature, sponsor of SB
103 explained that the bill relates to the education of students
in residential psychiatric treatment centers (RPTCs). She shared
a story about a time she participated in a ride along with the
Anchorage Police Department and came upon a young man in foster
care who needed to be admitted to the NorthStar psychiatric
treatment center. She did not know how long he was in treatment,
but voiced concern about the time he would miss school and the
stress kids experience when they miss school and fall behind.
2:40:30 PM
SENATOR GIESSEL stated that the purpose of the bill is to
require local school districts to partner with RPTCs to provide
on-going education for students. Currently, many districts
partner well with RPTCs, such as Fairbanks, however, other areas
are lacking. The bill establishes a three-year pilot program
that would require collaboration between the district and the
treatment center.
Senator Giessel referred to a letter of opposition in members'
packets from the Anchorage School District. She explained that
Senator Gardner had attempted to contact the district to get her
questions answered, to no avail. However, shortly after, Senator
Gardner received the information she requested.
2:42:11 PM
CHAIR MCGUIRE said she liked the bill. She asked whether
foundation formula dollars would follow the student to the
psychiatric center's program.
KARI NORE, Staff Senator Cathy Giessel, Alaska State
Legislature, explained that version I provides that the RPTCs
will contract with individual school districts to work out how
the funding would be formulated. She referred to a copy of
NorthStar's contract with the Anchorage School District, which
was rejected, to show how a contract might look.
MS. NORE said the program would also allow the RPTCs to contract
with more than one school district to ensure that the program
continually matched up with the neighborhood school.
2:43:57 PM
CHAIR MCGUIRE expressed hope that the final report shows that
RPTCs are adequately compensation for what they provided.
MS. NORE deferred to Evelyn Alsup for more information on that
topic.
CHAIR MCGUIRE asked why the contract is for three years and why
it is a pilot program.
SENATOR GIESSEL replied that was part of a negotiation between
the school districts and the treatment centers. The idea is that
the pilot program will demonstrate success.
CHAIR MCGUIRE noted that she is leery of pilot programs and
suggested monitoring it annually.
2:46:17 PM
SENATOR COGHILL voiced appreciation for the bill. He noted that
Fairbanks' RPTC has worked collaboratively with their school
district.
SENATOR GIESSEL said Anchorage has not seen that level of
success. She said there is a need to ensure uniformity in the
state.
SENATOR COGHILL noted the importance of a student's continuous
education.
2:47:29 PM
SENATOR MICCICHE thought that if a student were to be in
treatment for only a couple of weeks, it would not be very
expensive for the school district.
SENATOR GIESSEL stated that the contract would address only the
time a student is in residential treatment.
CHAIR MCGUIRE appreciated the need to continue the connection to
the neighborhood school in light of the high rate of mental
health issues.
2:49:27 PM
MIKE LYONS, Vice President, Specialty Education, Universal
Health Services and NorthStar Behavioral Health, testified in
support of SB 103. He opined that SB 103 will dramatically
improve the educational and treatment services delivered to
children residing in residential psychiatric treatment centers
(RPTCs). He said RPTCs save lives.
He reported that Universal Health Services has attempted to
improve the educational service delivery system across Alaska
without much progress for the past six years. Last year the
House Education Committee appointed a subcommittee to study how
educational services were being delivered at RPTCs across Alaska
and how RPTCs and school districts could work more
collaboratively. He said some progress has been made between the
Anchorage School District and NorthStar, but there were many
failures and more work needs to be done. He said SB 103 would
allow a more seamless, transparent model between the two
entities.
2:54:07 PM
SENATOR WIELECHOWSKI asked if the employees are from the school
districts or from NorthStar.
MR. LYONS replied under the proposed model, teachers would work
for NorthStar and be required to hold Alaska licenses.
SENATOR WIELECHOWSKI asked if they would be entitled to the same
benefits as district employees.
MR. LYONS explained that employees who work for facilities would
receive a compensation package through the facility.
SENATOR WIELECHOWSKI inquired if NorthStar is for-profit or non-
profit.
MR. LYONS said NorthStar is a for-profit organization.
SENATOR WIELECHOWSKI inquired if any other for-profit
organizations receive funding to educate children in Anchorage
or in Alaska.
MR. LYONS said he didn't know of any others. He pointed out it
is a common practice across the nation for school districts to
contract with for-profit and non-profit organizations for
educational services. Some examples are for psychiatric and
disability needs.
2:56:35 PM
SENATOR WIELECHOWSKI said Alaska's Constitution prohibits public
money to be used for private education. He asked if this bill
would violate the Alaska Constitution.
MR. LYONS pointed out that under existing AS 14.03.083, there is
a provision that allows contracting for services by a school
district.
CHAIR MCGUIRE thought the constitution prohibits public money
for religious schools.
2:57:42 PM
SENATOR MICCICHE clarified that Mr. Lyons is referring to a
statute and not the constitution.
He asked if the bill were to pass, whether school districts
might work harder to deliver their own services.
MR. LYONS said they have met numerous times over the past six
years with the Anchorage School District and with the
Commissioner, but did not meet with success. Even after a
subcommittee was formed to study the issue, the problem was not
solved. He opined that there needs to be another opportunity,
such as this bill, to serve these children.
2:59:32 PM
SENATOR MICCICHE thought the bill might be the hammer to get the
school districts to take this seriously and serve those
students.
SENATOR COGHILL clarified that no money shall be paid from
public funds for the direct benefit of a religious or other
private educational institutions.
3:00:38 PM
SENATOR WIELECHOWSKI asked whether any funds will go for profit
or if all will go into the classroom.
MR. LYONS explained that there are over 21 accountability
measures in the bill. One is a transparent budget of revenue and
expenses. He stated that 100 percent of the funds will go to
educational resources.
3:01:22 PM
EVELYN ALSUP, Director of Education, NorthStar Behavioral
Health, clarified that version I provides that NorthStar will be
open to a yearly audit of their books and funds will only be
spent on educational purposes. She pointed out that NorthStar is
not an "educational institution" but a "hospital" or
"residential treatment facility." Students are patients placed
in NorthStar under a doctor's orders and there is 24-hour
nursing care.
CHAIR MCGUIRE held SB 103 in committee and noted that public
testimony would continue at the next hearing.
3:03:24 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
at 3:03 p.m.