04/03/2017 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB16 | |
| SB15 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 16 | TELECONFERENCED | |
| += | SB 15 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 3, 2017
1:34 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Kevin Meyer
Senator Pete Kelly
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Alaska Police Standards Council
Wendi Shackleford
Ronda Wallace
Luis Nieves
- CONFIRMATIONS ADVANCED
Violent Crimes Compensation Board
Jeffrey Stubblefield
- CONFIRMATION ADVANCED
SENATE BILL NO. 16
"An Act adopting and relating to the Revised Uniform Fiduciary
Access to Digital Assets Act."
- HEARD & HELD
SENATE BILL NO. 15
"An Act relating to possession of an electronic smoking product
or a product containing nicotine by a minor and to selling or
giving an electronic smoking product to a minor; relating to
business license endorsements to sell cigarettes, cigars,
tobacco, products containing tobacco, electronic smoking
products, or products containing nicotine; and relating to
citations for certain offenses concerning tobacco or nicotine
products."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 16
SHORT TITLE: FIDUCIARY ACCESS TO DIGITAL ASSETS
SPONSOR(s): SENATOR(s) HUGHES
01/13/17 (S) PREFILE RELEASED 1/13/17
01/18/17 (S) READ THE FIRST TIME - REFERRALS
01/18/17 (S) L&C, JUD
03/07/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/07/17 (S) Heard & Held
03/07/17 (S) MINUTE(L&C)
03/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/14/17 (S) Moved SB 16 Out of Committee
03/14/17 (S) MINUTE(L&C)
03/15/17 (S) L&C RPT 5DP
03/15/17 (S) DP: COSTELLO, HUGHES, MEYER, STEVENS,
GARDNER
04/03/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 15
SHORT TITLE: E-CIGS: SALE TO AND POSSESSION BY MINOR
SPONSOR(s): SENATOR(s) STEVENS
01/13/17 (S) PREFILE RELEASED 1/13/17
01/18/17 (S) READ THE FIRST TIME - REFERRALS
01/18/17 (S) L&C, JUD
02/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(L&C)
02/21/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/21/17 (S) Heard & Held
02/21/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) <Bill Hearing Canceled>
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/02/17 (S) Moved CSSB 15(L&C) Out of Committee
03/02/17 (S) MINUTE(L&C)
03/06/17 (S) L&C RPT CS 4DP NEW TITLE
03/06/17 (S) DP: COSTELLO, HUGHES, MEYER, GARDNER
03/27/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/27/17 (S) Heard & Held
03/27/17 (S) MINUTE(JUD)
03/29/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/29/17 (S) <Bill Hearing Canceled>
04/03/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
LUIS NIEVES, Appointee
Alaska Police Standards Council
Alaska State Troopers
Dillingham, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
RHONDA WALLACE, Appointee
Alaska Police Standards Council
Alaska State Troopers
Kodiak, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
WENDI SHACKELFORD, Appointee
Alaska Police Standard Council
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
JEFFREY STUBBLEFIELD, Appointee
Violent Crimes Compensation Board
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Violent
Crimes Compensation Board.
SENATOR SHELLY HUGHES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 16
BUDDY WHIIT, Staff
Senator Shelly Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Delivered a high-level sectional review of
SB 16.
DEBORAH E BEHR, Member
Alaska Delegation
Uniform Law Commission
Juneau, Alaska
POSITION STATEMENT: Provided supporting information for SB 16.
TERRENCE ROBBINS, representing himself
Ketchikan, Alaska
POSITION STATEMENT: Testified in strong support of SB 15.
ALYSSA KEILL, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 15.
BETTY MACTAVISH
American Lung Association of AK/ACSCAN
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 15.
KRISTIN COX, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 15.
NOEL CROWLEY BELL, representing herself
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 15.
LOGAN DANIELS-ENGEVOLD, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 15.
STEVEN MAPES, representing himself
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to SB 15.
ALEX MCDONALD, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 15.
BEVERLY LARSON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 15.
EMILY NENON, Alaska Government Relations Director
American Cancer Society Cancer Action Network
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 15.
ACTION NARRATIVE
1:34:31 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Wielechowski, Costello, Kelly, and Chair
Coghill. He reviewed the agenda.
^Confirmation Hearings
CONFIRMATION HEARINGS
Alaska Police Standards Council
Violent Crimes Compensation Board
1:35:46 PM
CHAIR COGHILL announced the first order of business would be
confirmation hearings. He asked Luis Nieves to tell the
committee about his interest in serving on the Alaska Police
Standards Council.
1:36:14 PM
LUIS NIEVES, Appointee, Alaska Police Standards Council,
Dillingham, Alaska, said he has been on the Council since 2013
and has served as a member, chair and vice chair. He said the
council fulfills an important role in maintaining the public
trust and confidence that law enforcement officers will be held
to the highest standards. He expressed hope that he would be
confirmed to serve another term.
CHAIR COGHILL asked him to comment on the potential conflict of
having worked on the police force and making judgment calls
about police behavior.
MR. NIEVES said the rules are very clear and he believes his
fellow officers ought to be held to the highest standards. He
believes all 13 members of the council feel likewise.
1:40:14 PM
SENATOR WIELECHOWSKI asked if he was disciplined as a result of
the lawsuit that was filed related to an incident at Arctic Man.
MR. NIEVES answered no; the troopers in general were cleared of
any wrongdoing in federal court. He said the individual who was
arrested made a false accusation.
SENATOR WIELECHOWSKI asked if the video that was on the news was
incomplete. It looked as though Mr. Bartlett wasn't doing
anything when an officer shoved him. Officer Nieves then took
Mr. Bartlett to the ground and threatened to use a Taser on him.
MR. NIEVES confirmed that the news video was edited. It did not
show what actually occurred on scene. He expressed hope that Mr.
Bartlett learned that there are consequences for resisting and
causing such a disturbance that you endanger the lives of people
attending an event like Arctic Man. "He knows what he did wrong
and we know what we did right there." He said he is a crisis
negotiator who prides himself in being able to talk someone
down.
SENATOR WIELECHOWSKI asked if there was an internal
investigation.
MR. NIEVES said yes, and he was cleared. "My conscience is very
clear on the matter." He added that he would have stepped down
from the council if he had done anything wrong. "I certainly
hold myself to the higher standard when it comes to things like
that."
SENATOR WIELECHOWSKI asked if Mr. Bartlett was ultimately
convicted of the offense police claimed he committed.
MR. NIEVES said no; the district attorney dismissed the charges
based on the cost to prosecute what was a misdemeanor offense in
Glennallen.
SENATOR WIELECHOWSKI noted that Officer Nieves drafted a police
report that said Mr. Bartlett was hostile, aggressive and
combative, and he attempted assault. He asked if the district
attorney dismissed the charges after reading that.
MR. NIEVES said that's correct.
CHAIR COGHILL thanked Mr. Nieves for his forthright answers.
CHAIR COGHILL asked Rhonda Wallace to tell the committee about
her interest in serving on the Police Standards Council.
1:46:28 PM
RHONDA WALLACE, Appointee, Alaska Police Standards Council,
Kodiak, Alaska, said she feels she can provide advice,
oversight, and direction for the executive director on issues
brought before the board. She can use her experience in law
enforcement and expertise in conducting investigations to make
informed decisions based on the facts that are presented. She
takes charges of misconduct very seriously. The regulations and
laws governing the training and conduct of law enforcement
officers are clear and everyone must be held to the highest
standards. She said she believes that she offers a high level of
professionalism that would complement the council and its
mission. She would be honored to serve the state in this
capacity.
CHAIR COGHILL noted that she is the chief of police in Kodiak
and has leadership in the realm of domestic violence. He asked
if she had heard about or had to deal with police officers who
have taken liberties when conducting sting operations.
CHIEF WALLACE said she hasn't seen or heard about that in
Kodiak; "certainly not under my administration."
CHAIR COGHILL urged her to maintain vigilance because it has
been brought to the legislature's attention.
SENATOR WIELECHOWSKI asked if she recalls the incident of a
young man on the autism spectrum who was pepper sprayed by
Kodiak law enforcement. One of the questions that came up was
whether the officer knew the young man was special needs.
CHIEF WALLACE said she was familiar with the incident and the
officer who used the spray was not aware of the young man's
special needs.
SENATOR WIELECHOWSKI asked if the other officer who was involved
was aware that the young man was special needs.
CHIEF WALLACE replied there was another officer who was aware of
the young man, but she couldn't add detail because the case is
in civil litigation. She advised that the department hired an
outside agency to do an internal investigation, and the officers
were cleared of wrongdoing with regard to violating policies.
The FBI also investigated the department and the officers after
a complaint was filed charging that the young man's civil
liberties had been violated. The FBI found no wrongdoing by
either the officers or the Kodiak Police Department.
SENATOR WIELECHOWSKI asked what kind of investigation she
undertook.
CHIEF WALLACE said she didn't see that the officers violated
policy, but she took the additional step of hiring the outside
agency to look.
SENATOR WIELECHOWSKI said he saw a video and the news report
that stated that Officer Kristman recognized the young man and
acknowledged that he was special needs in the police report. He
asked if she thinks the officers' actions were appropriate or if
things need to change.
CHIEF WALLACE clarified that a lot happened on the front end
that was edited from the video. Regarding whether more could be
done, she said law enforcement could receive a lot more training
to deal with persons with disabilities. Since that incident, the
department has implemented additional training and developed a
program called Kodiak Cares to identify and gain upfront
information about an individual or community that may be
nonverbal or communicates in a different manner.
1:54:10 PM
SENATOR WIELECHOWSKI again noted that according to the police
report one of the officers knew the young man was special needs.
MR. WALLACE explained that the officer went to high school at
the same time as the young man, but they did not have classes
together and the officer did not know the level of the young
man's disability.
SENATOR WIELECHOWSKI asked if in retrospect she thinks things
should have been handled differently.
CHAIR COGHILL cautioned that the matter was in civil litigation.
CHIEF WALLACE said hindsight always offers a good perspective.
SENATOR WIELECHOWSKI asked if she was taking the Fifth
Amendment.
CHIEF WALLACE replied the case is in civil litigation.
SENATOR WIELECHOWSKI asked if she thinks it is appropriate for
officers to use force differently on people with special needs
than the nonspecial-needs population.
CHIEF WALLACE said use of force is appropriate in a situation
that escalates regardless of who it is.
CHAIR COGHILL asked if the civil litigation creates conflict for
her in serving on the Police Standards Council.
CHIEF WALLACE said she would recuse herself if she had intimate
knowledge or was involved in a particular case but not if it was
a similar case.
1:57:38 PM
SENATOR WIELECHOWSKI asked her thoughts on Senate Bill 91 and if
changes are needed.
CHIEF WALLACE said she believes that changes could be made, and
she understands that they have been proposed. She is willing to
discuss law enforcement's perspective of how to make things
better. She noted that there was some community pushback when
the bill was enacted and that the changes in the bail schedule
exacerbated the difficulties.
CHAIR COGHILL listed the issues in Senate Bill 91 that the
Senate Finance committee dealt with today: whether class C
felonies ought to have active jail time of up to one year;
escalating for theft in the fourth degree; and violations of
conditions of release.
CHIEF WALLACE said violations of conditions of release has been
tough for the Kodiak Police Department to work through.
CHAIR COGHILL thanked Chief Wallace for being willing to serve
on the Police Standards Council.
2:00:23 PM
CHAIR COGHILL asked Wendy Shackelford to tell the committee
about her interest in serving on the Police Standards Council.
WENDI SHACKELFORD, Appointee, Alaska Police Standard Council,
Anchorage, Alaska, said she served for 20 years on the Anchorage
Police Department. She was a hostage negotiator for six years
and the lead crisis intervention officer for 15 years. That gave
her ample opportunity to help officers hone their skills of
crisis intervention and de-escalation, particularly with people
who experience mental health crises or other brain-related
disabilities. She also served as a school police officer for 10
years. Since retirement two years ago she has working at UAA as
the lead trainer and trainer for youth mental health first aid.
She was appointed to the council in July 2016 and she looks
forward to continuing that service.
CHAIR COGHILL asked if the council considers the impact that
trauma has on officers.
MS. SHACKELFORD said that is one of her passions and has been a
topic of discussion. She looks forward to future conversations
and looking at training and education standards the APSC is
advocating for to help officers take better care of themselves.
CHAIR COGHILL asked her to discuss the different sanctions the
council can impose.
MS. SHACKELFORD said she doesn't believe the council has a
spectrum of sanctions like a department might have.
CHAIR COGHILL thanked Ms. Shackelford for being willing to
serve.
2:12:05 PM
CHAIR COGHILL asked Jeffery Stubblefield to tell the committee
about his interest in serving on the Violent Crimes Compensation
Board.
2:12:37 PM
JEFFREY STUBBLEFIELD, Appointee, Violent Crimes Compensation
Board, Anchorage, Alaska, said he has been a physician assistant
in the Alaska Native Medical Center Department of Neurosurgery
for five years. Prior to that he served in the military for 21
years. He submitted his name for this board position to give
back to the state.
SENATOR MEYER commented on his impressive resume including a
masters from TUI. He asked what that stands for.
MR. STUBBLEFIELD replied it stands for Touro University
International, which is in California. He said he received his
degree while he was in the military.
CHAIR COGHILL asked if he had been briefed on the board's
workload.
MR. STUBBLEFIELD answered yes; he attended the meeting last
Friday and reviewed the current cases.
CHAIR COGHILL thanked Mr. Stubblefield for being willing to
serve.
2:16:23 PM
At ease
2:18:29 PM
CHAIR COGHILL reconvened the meeting and stated that in
accordance with AS 39.05.080 the Senate Judiciary Standing
Committee reviewed the following and recommends the appointments
be forwarded to a joint session for consideration: Alaska Police
Standards Council - [Luis Nieves, Ronda Wallace, and Wendi
Shackleford]; and Violent Crimes Compensation Board - [Jeffrey
Stubblefield].
He reminded members that signing the reports regarding
appointments to boards and commissions in no way reflects
individual members' approval or disapproval of the appointees,
and that the nominations are merely forwarded to the full
legislature for confirmation or rejection.
SB 16-FIDUCIARY ACCESS TO DIGITAL ASSETS
2:18:59 PM
CHAIR COGHILL announced the consideration of SB 16.
2:19:08 PM
SENATOR SHELLY HUGHES, Alaska State Legislature, sponsor of SB
16, stated that this legislation provides guidance for the
disposition of an individual's personal digital assets when they
pass away. This is missing from current law. SB 16 offers
digital users the opportunity to specify whether their digital
assets should be preserved, distributed to heirs, or destroyed.
She explained the need for an overarching law to provide access
to digital assets to loved ones in other states. She provided an
example of Yahoo denying a father access to his deceased son's
account. It took a lawsuit for the father to gain access to the
account to see if there were outstanding financial matters to
settle. If SB 16 were to pass, fiduciaries would have easier
access to digital assets of the deceased. The bill models the
Uniform Law Commission recommendations, so it would apply across
state lines.
She listed the entities that support the bill including:
National Academy of Elder Law Attorneys, Facebook, Google,
Center for Democracy and Technology, and AARP.
2:22:30 PM
CHAIR COGHILL asked for a review of the uniform code and a high
level overview of the sections.
2:23:15 PM
BUDDY WHIIT, Staff, Senator Shelly Hughes, Alaska State
Legislature, provided a high level overview of SB 16. He
described Sec. 13.63.010 as the most important section. It sets
out user direction for disclosure of digital assets. He read the
following:
Sec. 13.63.010 sets out user direction for disclosure
of digital assets. This proposed section addresses the
relationship of online tools, other records
documenting the user's intent, and terms of service
agreements. The section establishes a three-tier
priority system for determining the user's intent with
respect to a digital assets. Subsection (a) gives top
priority to the user's wishes as expressed using an
online tool. Subsection (b) gives next tier priority
to user's direction in will, trust, power of attorney,
or other record. Subsection (c) recognizes the terms-
of-service agreement if the user left no other
direction.
MR. WHITT explained that Google provides an example of an online
tool. An individual who has a Gmail or other Google account can
find the tool in the user's guide. It is called the "inactive
account manager." Facebook also uses an online tool called
"legacy contact." It too can be found in the user's account
preferences. He said everything else in the bill hinges off this
section.
He noted that the chair in a previous committee asked about
forms and was told that the bill does not address forms. Upon
further review, it became clear that power of attorney forms
needed to be addressed because they are part of state statute.
The sponsor therefore suggests including a provision for digital
assets under that form as prescribed in statute.
CHAIR COGHILL invited Ms. Behr to talk about her position on the
Uniform Law Commission and her perspective of SB 16.
2:27:02 PM
DEBORAH E BEHR, Member, Alaska Delegation, Uniform Law
Commission, Juneau, Alaska, stated that Alaska has been a member
of the Uniform Law Commission since 1912. The commission meets
annually to discuss problems for which an interstate solution is
appropriate and desirable. She said senior groups and probate
attorneys brought the issue of access to a decedent's digital
assets to the commission's attention. Probate laws have not kept
pace with advances in technology such as this. She provided an
account of what happens when a spouse is unable to access stored
digital photos because they do not have a contract with the
service provider (custodian); the deceased spouse has the
contract. The typical will does not work, nor does the business
partnership. The information is treated as confidential and the
service provider generally requires a court order for the spouse
or fiduciary to gain access.
She reported that 24 states have enacted this model law, it is
sitting on the governor's desk in 2 states, and 16 other states
have introduced the legislation. A major trust company in Alaska
has endorsed the bill and Google, Facebook and other major
players have stated support for a standard, nationwide solution.
The model law provides an opt-in solution whereby an individual
gives express consent for access to each digital account. For
example, I want my music to go to my brother, my financial
records to go to my wife, and I don't want anybody to look at
certain other things, she said. When the individual opens an
account, a separate screen will pop up asking what they want to
do with their digital assets if they pass on or become
incapacitated. If the individual does not sign the online tool
and there is nothing in the will, the terms of service agreement
will apply and the spouse or family or business partner will not
have access to the digital material.
She advised that the bill provides immunity to the custodian for
good-faith compliance if they act within 60 days. In the case of
a guardianship, the bill has a provision for hearings to
ascertain the extent of the disability. For example, someone who
experiences a disability might be able to handle Facebook but
not a financial account.
2:36:02 PM
SENATOR WIELECHOWSKI asked if there is an age limit for someone
to be able to designate disposition of their digital assets.
MS. BEHR said she would do some follow-up research, but she
understands that young children are able to open a Facebook
account. She opined that doing things appropriately for young
children would probably involve the court.
CHAIR COGHILL offered his understanding that the age limit is 16
to open an online account.
SENATOR WIELECHOWSKI asked how it would work if a minor didn't
want their parents to have access to their digital assets.
MS. BEHR recounted a case in another state where a child
committed suicide and the parents were never able to access the
decedent's digital assets.
SENATOR WIELECHOWSKI asked how jurisdiction is determined.
MS. BEHR said a provision in the bill from the uniform law says
that residency is the determining factor.
2:38:52 PM
CHAIR COGHILL held SB 16 in committee with public testimony
open.
SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR
2:39:30 PM
CHAIR COGHILL announced the consideration of SB 15 and noted
that the intent is to take public testimony. He listed the
individuals who were available to answer questions.
2:41:38 PM
TERRENCE ROBBINS, representing himself, Ketchikan, Alaska,
testified in strong support of SB 15. He said it will reduce
youth access to nicotine by raising the age to purchase e-
cigarettes to age 19. Youth are drawn to flavored nicotine
products such as e-cigarettes making them susceptible to
addiction. A 2015 youth survey by the American Medical
Association showed that 81 percent of youth users of e-
cigarettes started with a flavored tobacco product. He said that
paring that with the Surgeon General report that states that 90
percent of current smokers became addicted before age 18, you
can see why it is important to limit youth access to nicotine.
He reported that he started using flavored chewing tobacco at
age 13 and continued for the next 27 years.
2:43:27 PM
ALYSSA KEILL, representing herself, Fairbanks, Alaska, testified
in support of SB 15. She is a swim coach of school age children
and she doesn't believe that youth benefit from easy access to
electronic smoking devices. Furthermore, they don't understand
that these products are no less harmful than other tobacco
products.
2:44:10 PM
BETTY MACTAVISH, American Lung Association of AK/ACSCAN, Kodiak,
Alaska, testified in support of SB 15. She spoke of the Surgeon
General report; the health effects of inhaling particles that
contain nickel, tin, and lead; and the effects of nicotine on
the developing brain. She said youth in her community are using
e-products in increasing numbers. Reports from school police
officers indicate that youth are mixing e-juice with marijuana.
She stated that she has found no one in the community of Kodiak
who is opposed to the bill. Even retailers do not believe that
e-cigarettes should be sold to minors.
2:46:20 PM
KRISTIN COX, representing herself, Juneau, Alaska, testified in
support of SB 15. She opined that it is appropriate to include
e-cigarettes under the tobacco retail license. Allowing local
control will help protect youth. She reported that in 1995 the
Alaska youth smoking rate was 37 percent and the rate of stores
selling tobacco to minors was 34 percent. Since the state
implemented the statewide local enforcement program, the rate of
stores selling to minors has decreased to 7 percent and the rate
of youth smoking has decreased by 70 percent. She expressed
great concern that the tobacco industry is targeting youth with
its marketing and candy-flavored e-products.
2:48:15 PM
NOEL CROWLEY BELL, representing herself, Palmer, Alaska,
testified in support of SB 15. She expressed concern about the
rising use of electronic cigarettes and the unrestricted
marketing that resonates particularly to youth. Signage at
retail shops barring the entrance of persons under age 19 does
not seem to stem the use by youth. SB 15 will address the
problem by dealing with how and where youth are accessing these
devices. She noted the Surgeon General report that warns that
youth are particularly vulnerable to the long-term consequences
of brain exposure to nicotine. It concludes that the use of
nicotine in any form is unsafe for youth.
2:51:14 PM
LOGAN DANIELS-ENGEVOLD, representing himself, Anchorage, Alaska,
testified in support of SB 15. He stated that during high school
he saw many classmates who missed a lot of great opportunities
because they used e-products. "If there is no repercussion for
sale, then there is no reason to stop," he said.
2:52:09 PM
STEVEN MAPES, representing himself, Kenai, Alaska, testified in
opposition to SB 15. He said he owns Mapes Vapes and is a member
of SFATA (Smoke-Free Alternatives Trade Association). He
described the bill as redundant, expensive for the state, and
unnecessary. He maintained that the FDA regulations pertaining
to personal vaporizers and electronic smoking devices and
nicotine products address the age requirements for sales of
nicotine devices and products in all states. He said he has
helped 312 adults to stop using tobacco products. He asserted
that electronic devices are a healthy alternative to smoking for
adults. He expressed concern that the wording in the bill allows
parents and guardians to purchase nicotine products for minors
under their supervision. He warned that SB 15 will cost the
state money.
2:54:57 PM
ALEX MCDONALD, representing himself, Fairbanks, Alaska,
testified in opposition to SB 15. He owns Ice Fog Vapor and is a
member of the Smoke Free Alternative Trade Association (SFATA).
He expressed concern that the bill allows a parent or guardian
to provide e-cigarettes to a minor under their supervision. He
questioned how this would be enforced and recommended removing
that provision. He also expressed concern that the federal
regulations deeming all vapor products and components tobacco
products includes such things as cotton, wire, and batteries. He
also asserted that the federal regulations make this bill
redundant. He discussed a 12/16/16 memo to Stacy Toner and
recommended that the state wait to see if vaping is included in
the SYNAR block grant requirements before moving forward with
the legislation.
2:58:16 PM
BEVERLY LARSON, representing herself, Anchorage, Alaska,
testified in support of SB 15. She is a high school student who
sees many kids her age buy e-products. Access is quite easy.
They are tobacco products and she believes they should be
treated as such. She voiced support for weeding out retail shops
that are breaking the law by selling to minors.
2:59:36 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society Cancer Action Network, Juneau, Alaska, testified
in support of SB 15. She recounted the efforts starting in 2003
to prevent the sale of tobacco products to minors. The penalties
were increased to suspend the sales license endorsement. In 2003
the rate of tobacco sales to youth was 30 percent. The next year
when the penalties for noncompliance were in place the rate
dropped to 10.2 percent. The current statewide rate of sales of
tobacco products to youth is close to 6 percent.
She said the recent survey of vape shops around the state shows
that over 26 percent of e-cigarette shops sold to minors. In
Anchorage, half of the vape shops that were surveyed sold e-
cigarettes to youth. Convenience stores and other tobacco
retailers that are accustomed to compliance checks sold to youth
at a rate of 2.3 percent. She said it has been demonstrated over
the years that the low rate of sales to youth is the result of
the penalties. She said, "It's the suspension of the sales
license endorsement that really makes the difference." The civil
penalties the FDA provides are comparatively light.
MS. NENON said the nicotine in electronic cigarettes is not the
only concern. The CDC fact sheet states that in addition to
nicotine, electronic nicotine delivery system (ENDS) aerosols
contain heavy metals, ultra-fine particulate, and cancer-causing
agents. They also contain propylene glycol, glycerin, or
flavorings. Some of the manufacturers claim that the latter are
safe because they meet the FDA definition of "generally
recognized as safe." However, that designation does not apply to
inhalation.
CHAIR COGHILL held SB 15 in committee with public testimony
open.
3:04:02 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 3:04 p.m.