02/21/2017 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB15 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 15 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 21, 2017
1:31 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Shelley Hughes, Vice Chair
Senator Kevin Meyer
Senator Gary Stevens
Senator Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
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 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)
WITNESS REGISTER
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
POSITION STATEMENT: Provided information related to SB 15 on
behalf of the sponsor.
JOE DARNELL, Investigator
Division of Behavioral Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 15.
BETTY MACTAVISH, representing herself
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 15.
RACHAEL TODD, representing herself
Soldotna, Alaska
POSITION STATEMENT: Testified in support of SB 15.
STEVEN MAPES
Smoke Free Alternative Trade Association
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to SB 15.
ASHLEY PELTIER, representing herself
Meadow Lakes, Alaska
POSITION STATEMENT: Testified in support of SB 15.
AMANDA LENHARD, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 15.
PATTY GINSBERG, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 15.
ALICIA MULLER, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 15.
JOY CLARK, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 15.
ALISON HALPIN, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 15.
JAYCE ROBERTSON, representing himself
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to SB 15.
MICHAEL PATTERSON, CDC/ATCA/CAC
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 15.
LAURA NIEMCZY
American Cancer Society-Cancer Action Network
Nikiski, Alaska
POSITION STATEMENT: Testified in support of SB 15.
JACKSON BLACKWELL, student advocate
American Cancer Society-Cancer Action Network
Soldotna, Alaska
POSITION STATEMENT: Testified in support of SB 15.
JOSEPH YOURKOSKI, student advocate
American Cancer Society-Cancer Action Network
Nikiski, Alaska
POSITION STATEMENT: Testified in support of SB 15.
ACTION NARRATIVE
1:31:27 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Gardner, Meyer, Stevens, Hughes, and Chair
Costello.
SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR
1:31:59 PM
CHAIR COSTELLO announced the consideration of SB 15. The bill
was previously heard on February 14 and public testimony is
closed. The intent is to take questions from members, continue
public testimony and hold the bill for further consideration.
1:32:23 PM
SENATOR STEVENS, speaking as sponsor of SB 15, stated that the
bill seeks to protect young people from e-cigarettes.
1:32:44 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, stated that SB 15 is about restricting youth access
to e-cigarettes and tobacco products. He highlighted that the
[FDA] has deemed e-cigarettes as a tobacco product and most
people agree that restricting youth access is a good idea. The
bill asks venders to check the box when they renew or apply for
a new business license indicating they want the endorsement to
sell e-cigarettes.
He noted that the new documentation he shared with the committee
appears to oppose the legislation. It includes studies from the
United Kingdom that claim that e-cigarettes: may be a safer
alternative than smoking, may be an effective tobacco cessation
product, may be harmless, and don't encourage someone to take up
smoking. Two other documents that appear to be from U.S. sources
claim that nicotine doesn't cause cancer and is therefore okay,
and that e-cigarettes save billions of dollars in Medicaid
expenses.
SENATOR HUGHES asked which documents he is referencing.
1:34:32 PM
At ease
1:34:36 PM
CHAIR COSTELLO reconvened the meeting.
MR. LAMKIN stated that none of the documents he described are
relevant to the point of the bill, which is to restrict youth
access to e-cigarettes. This bill seeks to require vendors
selling these products in Alaska to prove that they are not
selling to youths. Current data indicates that youths are able
to purchase these products. SB 15 not only closes the loophole
in statute that allows youth to possess e-cigarettes, but also
requires venders to prove they are not selling to youths.
He warned the committee it would hear that there is no need for
the state to step in since the FDA has deemed e-cigarettes as a
tobacco product. He emphasized that is not accurate. Rather, the
federal government looks to state business license endorsements
to identify who is selling these products.
SENATOR HUGHES asked if it is currently legal for minors to
purchase e-cigarettes because she heard there is a federal law
prohibiting minors from purchasing them. She also mentioned an
epidemiology bulletin that Dr. Butler talked about that she
found a bit confusing.
MR. LAMKIN clarified that there isn't a federal law but through
regulation the FDA restricts youths from purchasing e-cigarettes
if they are under age 18. He noted that Alaska law specifies 19
years-of-age to purchase e-cigarettes.
CHAIR COSTELLO listed the individuals available to answer
questions. She asked Senator Hughes if she would like to
question any of those individuals.
SENATOR HUGHES said the document she referenced is the 2015
State of Alaska Epidemiology Bulletin that says that in Alaska a
person must be at least 19 years old to purchase e-cigarettes.
MR. LAMKIN clarified there is a distinction between purchasing
and possession. The current loophole is that youth can possess
e-cigarettes. The bill makes it illegal for youth to purchase or
possess e-cigarettes. He deferred to Mr. Darnell to speak to the
relationship between federal and state enforcement.
1:39:15 PM
JOE DARNELL, Investigator, Division of Behavioral Health,
Department of Health and Social Services (DHSS), Anchorage,
Alaska, advised that Dr. Butler's comments from a year ago
referenced the statute that deals with products that dispense
nicotine. It was designed primarily for nicotine replacement
therapy and because e-cigarettes would dispense nicotine they
were included in the loop. SB 15 closes that loophole.
Addressing the issue of federal versus state enforcement, he
explained that the FDA has a contract with a private company to
do compliance checks in Alaska but to his knowledge there have
been none. He advised that his office receives complaints from
parents and police departments about youths buying e-products
and if the federal government is the enforcement entity, those
complaints will need to be filed with the FDA. It's also
important that the federal government intends to expand the
Synar regulation and require states to have a law such as SB 15.
Compliance will be tied to block grants that come into the
state.
1:42:54 PM
SENATOR GARDNER asked the name of the federal policy that will
tie block grants to having a state law in place.
MR. DARNELL said it is the Synar regulation that requires each
state and territory to have youth access laws for tobacco on the
books and enforce them. To keep the block grants safe the
division conducts sample surveys to ensure that underage sale
rates for tobacco products are no higher than 20 percent.
Penalties are assessed if the rate is above 20 percent, and the
state loses part of the block grants. Between this year and next
e-cigarettes will be added to that regulation. At that point the
state will be required to have enacted a bill such as SB 15.
SENATOR GARDNER asked him to spell the name of the regulation.
MR. DARNELL provided a phonetic spelling for Synar.
SENATOR GARDNER asked if the state generally enforces just state
laws, not federal laws.
MR. DARNELL replied the state doesn't always have the authority
to enforce federal laws. That is the case with the Synar
regulation; the state doesn't have jurisdiction.
SENATOR HUGHES asked if there is any federal effort to regulate
packaging and marketing of e-cigarette products.
MR. DARNELL said he couldn't say for e-cigarettes, but tobacco
ads cannot target youth.
SENATOR HUGHES observed that nothing in the bill addresses
marketing and packaging of e-cigarettes
CHAIR COSTELLO relayed her understanding that if a student has
an e-cigarette on their person while in school, teachers or
administrators could take the product away until the end of the
day when the student leaves the school grounds. She asked if he
had information on the prevalence of e-cigarettes on school
buses and how this bill would affect the bus driver's authority
when he/she sees a student in possession.
1:48:09 PM
MR. LAMKIN said his information is anecdotal but reports are
that students do take e-products to school. While the item may
be confiscated, the school is obliged to return it when the
student leaves the school grounds. If the bill were to pass, a
student in possession of an e-product could be cited.
SENATOR HUGHES asked, if the bill were to pass, would the school
confiscate the e-product or would law enforcement be called.
MR. LAMKIN said his expectation is the school would confiscate
the item and contact the appropriate law enforcement or the
parents.
1:49:49 PM
CHAIR COSTELLO opened public testimony on SB 15.
1:50:15 PM
BETTY MACTAVISH, representing herself, Kodiak, Alaska, testified
in support of SB 15. She said she is a mother, a grandmother,
and a teacher. She also works for a transitional housing program
for youths and is a field representative for the American Cancer
Society Cancer Action Network. She described a recent gathering
of a wide spectrum of adults, all of whom supported protecting
youth from the sale of e-cigarettes. When the issue is
discussed, parents frequently asked why this wasn't addressed
earlier. Many thought it was. She described e-cigarettes as a
training tool lifelong tobacco use. She urged the committee to
pass SB 15.
1:52:15 PM
RACHAEL TODD, representing herself, Soldotna, Alaska, testified
in support of SB 15. She said she has been involved with tobacco
awareness programs since she was 13 years old. Before she
graduated from high school she saw e-cigarette activity inside
the school and on social media from kids who ranged in age from
13 to 18. She doesn't know how youths access the product but
there is peer pressure to use e-products and many youths believe
they are not dangerous. She shared her belief that students
should not be allowed to use e-products until they are 19 and
aware of the impact they can have. She urged the committee to
pass the bill so more teens can be safe for longer.
1:54:11 PM
STEVEN MAPES, Smoke Free Alternative Trade Association, Kenai,
Alaska* testified in opposition to SB 15. He described the
legislation as redundant and a waste of time because the federal
regulations that pertain to nicotine and e-products address the
age requirements for the sale and possession of nicotine
delivery devices and nicotine products in all states. Vape shops
in Alaska are adhering to those regulations. They are subject to
random spot checks that do happen, they post age requirements on
the entry doors, and they are required to ID customers who
appear to be younger than 27 years of age. He emphasized that
these shops are in the business of getting adults off of tobacco
products and offering a healthier alternative to smoking. He
reiterated that there is no need for SB 15 because the federal
government has already outlawed the sale and possession of e-
products to minors.
SENATOR GARDNER asked if he heard the earlier testimony that the
federal government is expected to tie block grants to the
passage of this type of legislation.
MR. MAPES said he heard the testimony. He added that the FDA
regulations deems e-products the same as tobacco products.
SENATOR GARDNER asked if this bill would harm his business.
MR. MAPES said no, but it will harm the state coffer.
CHAIR COSTELLO noted that the bill has several fiscal notes and
the only one that is positive is from the Division of
Corporations, Business, and Professional Licensing with the
Department of Commerce, Community and Economic Development
(DCCED).
2:00:02 PM
ASHLEY PELTIER, representing herself, Meadow Lakes, testified in
support of SB 15. She emphasized the importance of doing
everything possible to restrict youth access to vaping products.
She related that she has seen her 5- and 7-year-old nephews
emulate smoking traditional cigarettes and recently overheard
them talking about vaping cloud contests. She advised that e-
cigarettes have surpassed traditional cigarettes as the most
commonly used form of tobacco products among youths. According
to the 2015 youth risk behavioral survey, 26 percent of Mat-Su
youth reported current use of e-cigarettes, compared to 13
percent of youth who reported use of traditional cigarettes. She
highlighted that in 2016 the surgeon general called for action
to be taken on e-cigarette use by youth. One of those actions
was to restrict youth access to e-cigarettes and SB 15 would do
that, she said.
2:01:27 PM
AMANDA LENHARD, representing herself, Anchorage, Alaska,
testified in support of SB 15. She pointed out that there are
age restrictions for tobacco and e-cigarette products. In Alaska
those products are not legal for anyone under the age of 18 yet
36 percent of youth surveyed report having used e-cigarettes.
She emphasized the need for regulations to make sure that youth
are not able to access e-products. Tobacco stores, restaurants
and bars have consequences for selling to minors and e-cigarette
shop owners should have the same responsibility, she said.
2:02:46 PM
PATTY GINSBERG, representing herself, Anchorage, Alaska,
testified in support of SB 15. She is a lung cancer survivor and
that experience has made her an advocate for anything that
discourages the use of dangerous products. The evidence is
fairly clear that e-products are dangerous to one's health and
SB 15 is one tool to discourage the use of those products. She
said she also believes it is important to hold businesses
accountable, not just the salesclerk. SB 15 does that.
2:04:21 PM
ALICIA MULLER, representing herself, Anchorage, Alaska,
testified in support of SB 15. She said she graduated from high
school last year and is astonished at the number of people who
use e-products. She finds it disgusting and would like to see
some follow-up and enforcement.
2:05:30 PM
JOY CLARK, representing herself, Anchorage, Alaska, testified in
support of SB 15. She said she is a mother of an 8-year-old son
and she sits on a number of coalitions that have looked at the
awareness that youth have about e-cigarettes and vape pens.
These middle and high school students generally feel they aren't
harmful either short-term or long-term. This is an uninformed
view, but these products are very alluring to youth, her young
son included.
2:06:52 PM
ALISON HALPIN, representing herself, Anchorage, Alaska,
testified in opposition to SB 15. She said the legislation isn't
necessary because the law is already in Alaska statute. It says
that all stores that sell tobacco products are required to post
the legal age for purchase in the store. She supports the
existing law, but cannot support a bill that requires special
licensing that does not pertain to businesses that sell products
that are FDA regulated and do not fall within the parameters of
the special licensing of a tobacco product retailer. She pointed
out that the bill allows children to purchase e-products with
parental consent and questioned whether it would open the door
to allowing a child to purchase tobacco products if they had a
note from their parent. She said the state needs enforcement of
existing bills not new legislation.
2:09:26 PM
JAYCE ROBERTSON, representing himself, Kenai, Alaska, testified
in opposition to SB 15. He said e-cigarettes have helped him to
stop smoking traditional tobacco products. He agreed with
earlier testimony that the bill is a waste of time, effort, and
money because the federal government already regulates tobacco,
nicotine, and e-cigarettes. The local vape shops he frequents
already abide by the rules. He suggested the committee look at
the research that the Royal College of Physicians has done on
the benefits of vaping products in helping adults stop using
traditional tobacco products.
2:14:44 PM
MICHAEL PATTERSON, CDC/ATCA/CAC, Juneau, Alaska, testified in
support of SB 15. He advised that the particles in e-cigarette
smoke are so fine that they can pass through paint, they carry
carcinogens, and they are not safe. Children should be protected
from gaining access and that protection should not have a dollar
amount attached to it. He watches middle school kids get off the
bus and immediately pull out e-cigarettes and start smoking. The
parents don't even know their child is smoking unless they
happen to see it because there is no odor. Kids are also smoking
e-cigarettes in school when the teacher's back is turned. The
problem is that there are kids in the school who have a
respiratory illness or disease and the carcinogens can
exacerbate the problem or put to student's life in danger. He
said he calls these products silent killers. He shared that he
is in the end stages of COPD and that it is life threatening
when someone is vaping, and he is unaware of that fact. He
thanked the committee for its work trying to make things better
and safer for kids and adults.
CHAIR COSTELLO thanked Mr. Paterson for his testimony and the
advocacy message he provides in schools, posters, and
television.
2:19:33 PM
LAURA NIEMCZY, American Cancer Society-Cancer Action Network,
Nikiski, Alaska, testified in support of SB 15. She said she is
a middle school teacher and she sees far too many students
vaping because they think it is cool and harmless. Youth have
been well educated that tobacco products are not healthy, but
that education is lacking for e-cigarettes and vaping devices.
E-product marketing also targets youth. Should SB 15 pass, it
would be possible to track the businesses that are selling these
products and conduct compliance checks. Right now, that's not
possible. She emphasized that anything that can be done to keep
our youth healthy and safe should be done. The argument that e-
cigarettes are safer than smoking doesn't mean they are safe or
healthy. She urged the committee to pass SB 15.
2:21:41 PM
JACKSON BLACKWELL, student advocate, American Cancer Society-
Cancer Action Network, Soldotna, Alaska, testified in support of
SB 15. He said he is a senior at Soldotna High School, the class
president, the president of the national honor society, and has
been a tobacco prevention advocate for the last four years.
During that time the level of e-cigarette use has grown
exponentially. When he returned after serving for six months as
a page for U.S. Senator Lisa Murkowski, he found the rate of e-
cigarette use alarming. SB 15 is a necessary tool to address
this health concern.
2:23:07 PM
JOSEPH YOURKOSKI, American Cancer Society-Cancer Action Network,
student advocate, Nikiski, Alaska, testified in support of SB
15. He said he is a freshman at Nikiski High School and he sees
students smoking e-cigarettes and vaping devices standing in the
school parking lot. Seventh graders have also started using e-
cigarettes. They are well schooled in the dangers of tobacco but
don't seem to realize that e-cigarettes and vaping devices are
just as unhealthy. He urged the committee to help change that
perception.
SENATOR HUGHES asked where students purchase these products.
MR. BLACKWELL replied his experience is they purchase them
online and also in e-cigarette shops. He referenced the data
from the youth risk behavioral survey and the number of e-
cigarette shops that are out of compliance with the measures
that are currently in place. It demonstrates that youth are
getting these products from a variety of places.
MR. YOURKOSKI agreed that youth access e-cigarettes in any
number of shops and online.
SENATOR HUGHES asked if the data referenced today came from vape
shops or all types of venders.
MR. BLACKWELL deferred the question to Mr. Darnell.
2:26:09 PM
SENATOR HUGHES asked what they would think if minors were not
permitted in vape/smoking shops.
MR. BLACKWELL said he believes it would be a good idea.
MR. YOURKOSKI said he believes that reducing youth access would
reduce usage.
SENATOR HUGHES related that a physician brought it to her
attention that after school every day he watches as a steady
flow of young people visit a smoke shop that is down the street
from his clinic.
CHAIR COSTELLO asked Jackson and Joseph if they were planning to
be involved in the educational outreach should the bill pass.
MR. BLACKWELL said he's already involved in educational outreach
and will continuing to do that.
MR. YOURKOSKI agreed with Jackson adding that they are
implementing more e-cigarette and vaping devices in their
classes.
CHAIR COSTELLO asked if they have a video that could be shared
with students.
MR. BLACKWELL said they didn't have a video but there are lots
of materials available from the various chapters of Teens
Against Tobacco Use and the Alaska Tobacco Control Alliance,
among others.
CHAIR COSTELLO said one of the highlights of serving is when
young people come to advocate for their cause. She invited
Jackson and Joseph to join her after the meeting in a short
video for the committee Facebook page.
2:29:46 PM
CHAIR COSTELLO closed public testimony on SB 15 and held the
bill in committee for further consideration.
2:30:16 PM
There being no further business to come before the committee, he
adjourned the meeting at 2:30 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 15 - Opposition Background - British Public Health Bulletin.pdf |
SL&C 2/21/2017 1:30:00 PM |
SB 15 |
| SB 15 - E-Cig British Study.pdf |
SL&C 2/21/2017 1:30:00 PM |
SB 15 |
| SB 15 - Opposition Background - Britsh Public Health Study Executive Summary.pdf |
SL&C 2/21/2017 1:30:00 PM |
SB 15 |
| SB 15 - Opposition Background - E-Cig Safety News Brief.pdf |
SL&C 2/21/2017 1:30:00 PM |
SB 15 |
| SB 15 - Opposition Background - E-Cigarettes-Poised-to-Save-Medicaid-Billions.pdf |
SL&C 2/21/2017 1:30:00 PM |
SB 15 |
| SB 15 - Opposition Background - News Story E-cigarettes less harmful.pdf |
SL&C 2/21/2017 1:30:00 PM |
SB 15 |
| SB 15 - Opposition Testimony - Steve Mapes p.2.pdf |
SL&C 2/21/2017 1:30:00 PM |
SB 15 |
| SB 15 - Opposition Testimony - Steve Mapes.pdf |
SL&C 2/21/2017 1:30:00 PM |
SB 15 |