02/19/2021 01:30 PM Senate LABOR & COMMERCE
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| SB45 | |
| Adjourn |
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= bill was previously heard/scheduled
| *+ | SB 45 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 19, 2021
1:31 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Roger Holland, Vice Chair
Senator Joshua Revak
Senator Gary Stevens
MEMBERS ABSENT
Senator Elvi Gray-Jackson
COMMITTEE CALENDAR
SENATE BILL NO. 45
"An Act raising the minimum age to purchase, sell, exchange, or
possess tobacco, a product containing nicotine, or an electronic
smoking product; relating to transporting tobacco, a product
containing nicotine, or an electronic smoking product; relating
to the taxation of electronic smoking products; and providing
for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 45
SHORT TITLE: AGE FOR NICOTINE/E-CIG; TAX E-CIG.
SPONSOR(s): SENATOR(s) STEVENS
01/25/21 (S) PREFILE RELEASED 1/15/21
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) L&C, FIN
02/19/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 45 on behalf of the sponsor.
CHRISTY KNIGHT, Program Manager
Tobacco Prevention and Control Program
Division of Public Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 45.
JOE DARNELL, Chief Investigator
Tobacco Enforcement and Youth Education Program
Division of Behavioral Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 45.
KERSTEN JOHNSON, PhD; Senior Director of Secondary Education
Anchorage School District
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 45.
EMILY NENON, Alaska Government Relations Director
American Cancer Society Cancer Action Network
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony on SB 45.
DR. GEORGE STEWART, Retired Pulmonologist
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 45.
ACTION NARRATIVE
1:31:11 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31 p.m. Present at call to order
were Senators Stevens, Holland, Revak, and Chair Costello.
SB 45-AGE FOR NICOTINE/E-CIG; TAX E-CIG.
1:31:48 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO. 45
"An Act raising the minimum age to purchase, sell, exchange, or
possess tobacco, a product containing nicotine, or an electronic
smoking product; relating to transporting tobacco, a product
containing nicotine, or an electronic smoking product; relating
to the taxation of electronic smoking products; and providing
for an effective date."
1:33:29 PM
SENATOR GARY STEVENS, speaking as sponsor, stated that SB 45 is
about protecting children from nicotine addiction and
restricting sales and the possession of nicotine products to
youth. He advised that while public health advocates, with help
from scientific evidence, are winning the war against tobacco,
the use of electronic cigarettes or vaping is an exploding
trend.
1:33:57 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, sponsor of SB 45, began the
introduction of SB 45 with a compelling video, couched in a
letter to the president, about the efforts to restrict youth
access to nicotine and e-cigarettes. [The video is on BASIS on
the documents page for SB 45.]
1:40:28 PM
MR. LAMKIN informed the members that the young woman who
prepared the video is a 16-year-old student who is involved in
an action group at Stanford University.
1:41:01 PM
MR. LAMKIN shared a follow-up video from an August 2020
conference that featured Alaska Chief Medical Officer Dr. Anne
Zink talking about the e-cigarette pandemic the state is facing.
[The video is on BASIS on the documents page for SB 45.]
In the video, Dr. Zink directed attention to a slide of survey
data about youth cigarette use since 2007, and the increase to
26.1 percent in 2015 when e-cigarette use was included. She
mentioned the paper the DHSS team prepared that includes a pie
chart showing that 17.6 percent of preventable deaths in Alaska
related to smoking. She briefly touched on how e-cigarette use
among youth had become more prevalent. She displayed several
slides of vaping products in disguise and agreed with the
previous video that some people are taking advantage of the
pandemic to promote unhealthy behavior. She said this does
matter because the myelination of the brain, particularly the
frontal lobe, continues to develop into the mid-20s. Dr. Zink
said it is also important to think about the way that e-
cigarettes hurt the lungs. She noted that one case of EVALI [e-
cigarette, or vaping, product use-associated lung injury] had
been diagnosed in Alaska, but there are continuing outbreaks
nationwide.
1:47:29 PM
The video further showed Dr. Zink displaying a pie chart of the
breakdown on how Alaska high school students who currently use
e-cigarettes obtain them. Some were purchased online and in
stores, but close to 50 percent of the time students borrowed e-
cigarettes from somebody else. She said the top reasons Alaskan
teens use e-cigarettes are because 1) a family member or friend
used them, 2) flavors such as mint, candy, fruit, or chocolate
made them attractive, and 3) the belief that e-cigarettes are
less harmful than other forms of tobacco.
Data further shows that while vaping among Alaska traditional
high school students is 26 percent, it is less among students
who have protective factors. She expressed hope that Alaska's
1115 Behavioral Health Medicaid Waiver would make a difference,
but that it was important to find ways to support youth to make
connections. Students are less likely to vape if they have a
teacher who cares about them, if they feel they matter to people
in the community, and if they do not feel alone in their life.
She stressed the importance of supporting kids, building
resiliency, and ensuring they feel protected and loved.
1:50:38 PM
CHAIR COSTELLO asked Mr. Lamkin to present the PowerPoint
followed by the sectional analysis.
1:51:16 PM
MR. LAMKIN presented a PowerPoint that reinforced the previous
two videos. He displayed slide 2 that depicts an array of
delivery options for vaping devices from e-pipes and e-cigars to
tank devices, and disposable and rechargeable e-cigarettes. He
noted that these products are advertised to be nicotine free but
that does not mean that they are safe. Slide 3 shows the list of
ingredients known to be in JUUL cartridges as well as
ingredients such as arsenic, formaldehyde, and heavy metals that
were found to be in the cartridges. Slide 4 makes the point that
the ultrafine particles in e-cigarettes contain ingredients that
are harmful and potentially harmful for the lungs. He turned to
slide 5 that depicts tobacco ads from years ago alongside JUUL
ads today. It makes the point that advertising tobacco products
is regulated, but marketing vapor products that target youth is
completely unregulated. Slides 6 and 7 demonstrate celebrity
influence to endorse these products and Instagram, Twitter, and
YouTube clips of youths demonstrating and advising other youths
about vaping. Slide 8 shows a wide variety of flavorings used in
e-products that disguise the taste of nicotine.
MR. LAMKIN turned to slide 9 that states that the Food and Drug
Administration has not found any e-cigarette to be safe or
effective in helping smokers quit tobacco. He noted that some
testimony will contradict this, but e-cigarettes actually
sustain the addiction to nicotine and tobacco. He emphasized
that quitting actually means ending the addiction outright.
Slide 11 shows the results of the 2017 Alaska Youth Risk
Behavioral Survey: Current Use Rates. Of those surveyed, 40
percent reported having tried e-cigarettes and 16 percent report
current use. He said, "These products are in students' hands
even down to middle school and in some instances being found in
our elementary schools." He turned to slide 12 that shows some
of the seemingly innocent e-devices recently confiscated in
Alaska schools, including an amulet vape watch.
1:54:30 PM
MR. LAMKIN displayed slide 13 that contains an image from the
infamous 1994 Waxman Hearings when the CEOs of the major U.S.
cigarette manufacturers appeared before a congressional
committee and swore under oath that their products (nicotine in
particular) were neither addictive nor harmful to human health.
He said everyone knows how that played out yet industry
advocates today insist that e-cigarettes are neither addictive
nor harmful. They describe e-cigarettes as a safe and healthy
nicotine-free alternative to tobacco when in fact they do
contain nicotine and are completely unregulated.
MR. LAMKIN reported that in 2019 federal legislation raised the
national minimum age to buy, sell, or possess tobacco products
and e-cigarettes and devices to 21 years of age. Since then, 34
states have raised their minimum age to comply with the federal
law. He explained that the primary goal of SB 45 is to conform
to federal law and, without exception, raise the minimum age
from 19 to 21. He noted that historical exemptions, which would
no longer apply, have been for people both in the military and
in jail.
He summarized that SB 45 repeals all the existing buy, sell, and
possession exemptions for those in jail; restricts online sales;
requires age verification at the time of delivery; and requires
product labeling.
1:59:11 PM
MR. LAMKIN presented the sectional analysis for SB 45, version
B. He clarified that the bill largely conforms the existing laws
related to tobacco and e-products to federal law, summarily
changing the age threshold from 19 to 21.
[Original punctuation provided.]
1:59:31 PM
Sec. 1: AS 11.76.100(a), relating to selling or giving
tobacco to a minor, raises the minimum age from 19 to
21.
Sec. 2: AS 11.76.100(b), relating to the requirement
for vendors to supervise the operation of tobacco
product vending machines (TVM), amends the exemption
for TVMs situated in a private break room, provided
there is signage posted indicating the minimum age to
possess tobacco products is age 21 (from 19).
Sec. 3: AS 11.76.105, relating to possession of
tobacco, electronic smoking products (ESP), or
products containing nicotine, raises the minimum age
to possess from 19 to 21 years of age, and removes the
exemption for incarcerated minors.
Sec. 4: 1.76.106(a), bans tobacco and ESPs sales to
individuals over the internet.
MR. LAMKIN noted that according to the Tobacco Control Legal
Consortium, the only way to prevent access is to prohibit face-
to-face sales of e-cigarette products.
Sec. 5: AS 11.76.106(b), relating to the 'behind the
counter' control provisions of selling tobacco
products, allowing exemptions for tobacco shops or
online sales, raising the minimum, age to sell from 19
to 21 years of age.
Sec. 6: AS 11.76.109(a), relating to other products
containing nicotine, including chew, gum, patches, or
E-cigarette products, raises the minimum age to sell
or give such products from 19 to 21.
Sec. 7: AS 11.76.109(b), relating to exemptions to
selling products containing nicotine to persons under
the age of 21, if the product is FDA-approved,
prescribed by a doctor, or given by a parent or legal
guardian.
2:01:42 PM
Sec. 8: AS 11.76.109(d), relating to the requirement
for vendors to supervise the operation of ESP or
nicotine product vending machines (EVM), amends the
exemption for EVMs situated in a private break room,
provided there is signage posted indicating the
minimum age to possess tobacco products is age 21
(from 19).
Sec. 9: AS 11.76.109(g), relating to the penalty for
selling or giving ESP or nicotine products to a minor
as being a $300 violation, raises the minimum age from
19 to 21 years of age.
Sec. 10: AS 43.50.105(b), relating to wholesale
tobacco sales and licensees, to restrict licensees
from selling or transporting tobacco products to
persons that are at least 21 (from 19) years of age,
and to implement an age verification process when
conducting transactions.
Sec. 11: AS 43.50.105(c), relating to common carrier
transportation of cigarettes and tobacco products, to
verify the age of the recipient before delivery.
2:02:33 PM
MR. LAMKIN drew a parallel to the existing age verification
requirements upon delivery of wine or beer purchased
online.
Sec. 12: AS 43.50.150(c), relating to state being in
partnership with municipalities in taxing tobacco
products, is amended to include taxing ESPs.
Sec. 13: AS 43.50.300, relating to existing state
excise tax on tobacco products, is amended to include
taxing ESPs at 75% of the wholesale value.
Sec. 14: AS 43.50.310(b) exempts the excise tax for
ESPs that are a marijuana product, and do not contain
nicotine, or are FDA-approved.
Sec. 15: AS 43.50.320(a), includes a requirement to be
licensed as a distributor of ESPs for those products
subject to an excise tax.
Sec. 16: AS 43.50.325 adds a new section in the tax
code, restricting the transportation of tobacco and
ESPs into the state, requiring licensing to do so, and
makes clear provisions for age verification for
delivery of and labelling for such products. This is a
conforming amendment, replicating AS 43.50.015, which
applies only to cigarettes.
2:04:38 PM
Sec. 17: AS 43.50.330(a), relating to annual reporting
requirements for tax purposes, amends existing tobacco
sales reporting to include ESP reporting.
Sec. 18: AS 43.50.335, relating to existing tobacco
tax credits and refunds for faulty or destroyed
products, to include credits for similarly faulty or
destroyed ESPs.
Sec. 19: AS 43.50.340, relating to existing record
keeping requirements for licensed businesses selling
tobacco products, to also be required to track sales
and product information on ESPs being sold.
Sec. 20: AS 43.50.390(1), relating to the definition
of a distributor of tobacco products, to also include
ESPs, for purposes of identifying business who bring
ESPs in and out of state, manufactures ESPs in the
state, or ships ESPs to retailers in the state.
Sec. 21: AS 43.50.390(5), relating to the term
"wholesale price" for purposes of taxing tobacco
products, includes ESPs as part of wholesale pricing
and taxing.
Sec. 22: AS 43.50.390 provides a definition of
"electronic smoking product" consistent with use of
the phrase elsewhere in statute, specifying an ESP
means a:
(A) component, solution, vapor product, or other
related product that is manufactured and sold for
use in an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or other
similar device for the purpose of delivering
nicotine or other substances to the person
inhaling;
(B) product under (A) of this paragraph that is
sold as part of a disposable integrated unit
containing a power source and delivery system or
as a kit containing a refillable electronic
smoking system and power source.
Sec. 23: AS 43.70.075(f), relating to business license
endorsements for selling tobacco products, amends the
existing requirement for signage to be posted on
vendor premises, stating it being illegal to sell
tobacco or ESPs to minors under the age of 21 (from
19).
2:06:04 PM
Sec. 24: AS 43.70.075(m), relating to the process for
suspending business licensees holding a tobacco
endorsement, amends existing statute referring to
tobacco or ESPs being sold to minors under the age of
21 (from 19).
Sec. 25: AS 43.70.075(t), relating to penalties for
licensees violating the T21 laws, amends existing
statute for lessening the penalties if a license
holder has a written tobacco or ESPs sales policy to
include employees not selling tobacco or ESPs to
minors under the age of 21 (from 19).
Sec. 26: AS 43.70.075(w), relating to the appeal and
administrative process of license suspension, conforms
existing law regarding tobacco and ESP sales, to apply
to sales to minors under the age of 21 (from 19).
Sec. 27: AS 47.12.030(b), relating to the juvenile
justice system, and minors accused of possessing
tobacco, confirms existing law to apply to possession
by minors under the age of 21 (from 19).
Sec. 28: AS 11.76.100(e), relating to sales exemptions
for incarcerated persons, and AS 11.76.106(b)(4),
relating to exemptions for ESP internet sales, are
both repealed.
Sec. 29: Relates to applicability of offenses
committed after the effective of the bill.
Sec. 30: Applies an effective date of January 1, 2022.
2:07:39 PM
CHAIR COSTELLO asked if there were questions or comments.
SENATOR STEVENS, speaking as sponsor of SB 45, clarified that
changing the age to conform to the federal law would allow law
enforcement to enforce the rules.
SENATOR HOLLAND asked if he had considered introducing the age
restriction as a first step and addressing the tax component
separately. He noted that smokers who have transitioned to e-
cigarettes oppose the bill, arguing that the tax will make
nicotine cigarettes more affordable than e-cigarettes.
2:09:31 PM
SENATOR STEVENS pointed out that there is no proof that e-
cigarettes is effective in helping people get away from
traditional cigarettes because they are still getting a lot of
nicotine in e-cigarettes.
MR. LAMKIN said it is worth discussing, but he believes that the
Finance Committee will thoroughly address the tax question.
SENATOR STEVENS said his primary focus is to help children avoid
addiction to nicotine. He pointed out that fewer people smoke
cigarettes now because governments raised the taxes and he
believes that the same would hold true for e-cigarettes. He said
the tax is important, but the health of our children is
paramount.
2:13:11 PM
SENATOR REVAK referred to the definition of "electronic smoking
product" in Section 22 and asked if the phrase "or other
substances to the person inhaling" on page 11, line 14 makes the
definition too broad, considering the availability of medical
devices and over the counter inhalants.
MR. LAMKIN replied there are clear exemptions for medical
devices and products that have gone through the pharmaceutical
process and been approved by the FDA. He said the key to the
definition is that it is not just the juice and liquid, it is
all the parts that make up the electronic smoking product.
SENATOR REVAK said he appreciates that.
2:15:14 PM
CHAIR COSTELLO asked if the $300 fine for the seller is per
violation per day.
MR. LAMKIN described the fine as a tool for the state and
parents to punish students who make these choices.
SENATOR STEVENS clarified that the $300 fine is in current law;
SB 45 only changes the age in statute to 21.
CHAIR COSTELLO moved to invited testimony.
2:16:55 PM
CHRISTY KNIGHT, Program Manager, Tobacco Prevention and Control
Program, Division of Public Health, Department of Health and
Social Services (DHSS), Tobacco Prevention, Anchorage, Alaska,
read the following testimony on SB 45 into the record:
For the record, my name is Christy Knight and I am the
Program Manager for the State of Alaska's Tobacco
Prevention and Control Program within the Division of
Public Health and will be speaking on the topic of
tobacco and tobacco use by Alaska youth.
Thank you for the opportunity today to talk about the
health harms of tobacco, including electronic smoking
products, as well as what we know about effective
strategies to address youth tobacco use.
Tobacco is the leading cause of preventable death in
Alaska. Each year, smoking is linked to an estimated
700 deaths in our state. We know that most of the
tobacco-related deaths are the result of an addiction
that starts in youth. Nine out of ten adult smokers
try cigarettes before age 18 years, and progression
from occasional to daily smoking occurs in young
adulthood.
Alaska has made great progress over the past couple of
decades bringing smoking rates down in both adults and
youth. This progress is threatened due to the epidemic
of e-cigarettes. This is particularly evident among
youth; our most recent Youth Risk Behavior Survey,
YRBS, demonstrate a dramatic increase of youth use of
e-cigarettes in Alaska. As of 2019, 1 out of 4 Alaska
high school students reported current use of e-
cigarettes, and almost half had ever tried them. By
contrast, only 1 in 21 Alaska adults use these
products.
2:18:42 PM
E-cigarettes contain nicotine, which is particularly
addictive for youth and can affect brain development.
Nicotine use during adolescence can disrupt the
formation of brain circuits that control attention,
learning and susceptibility to addiction. E-cigarette
use by youth has been shown to increase their
subsequent use of other tobacco products.
In addition to nicotine, e-cigarettes may contain:
ultrafine particles that can be inhaled deep into the
lungs; flavorants such as diacetyl, which is a
chemical linked to serious lung disease; volatile
organic compounds such as benzene, which is found in
car exhaust; and heavy metals such as nickel, tin and
lead. Short term e-cigarette use has been shown to
impair lung function, resulting in difficult
breathing. Keep in mind that e-cigarettes have only
been sold in the US since 2007 and scientists are
still studying the health effects of e-cigarette use.
The progress we made in bringing down rates of smoking
among Alaska youth was not an accident.
The Alaska Tobacco Prevention and Control Programand
its many partners statewidehave taken the rulebook on
how to reduce smoking (CDC Best Practices), tailored
it for Alaska, and made sure these proven strategies
were put into effect long enough to see an impact,
including:
• Supporting community-based efforts to
prevent tobacco use;
• Educating the public and decision-makers
about the burden of tobacco use and effective
strategies to address tobacco use;
• Supporting a statewide tobacco quit line
that provides free, confidential help with
quitting; and
• Collecting, analyzing, and disseminating
statewide and community-specific data about
tobacco use.
Increasing the price of tobacco products is the
single most effective way to reduce consumption
and we've seen it work in Alaska. Youth and young
adults are two to three times more likely to
respond to price increases. Price increases are
even more effective when implemented in
combination with other proven strategies, such as
increasing the minimum legal age.
The Institute of Medicine predicts that raising
the minimum age for the sale of tobacco products
to 21 will over time reduce the smoking rate by
about 12% and smoking-related deaths by 10%.
Nationally, estimated smoking-caused health costs
and lost productivity totals $19.16 per pack.
2:21:22 PM
Senate Bill 45 includes both of these proven
approaches and creates additional protections for
youth through restricting online sales and
implementing age verification processes when shipping
or transporting tobacco products in Alaska.
In closing, I'd like to stress how taking action to
curb the e-cigarette epidemic among youth now will aid
in the State's efforts to prevent nicotine addiction
and tobacco-related chronic disease and death,
significantly reducing associated healthcare costs and
lost productivity.
Thank you again for the opportunity to speak to you
today. I am available for questions from the
committee.
SENATOR STEVENS asked if she agrees with Dr. Zink's testimony
that even without nicotine, e-cigarette products present health
concerns because they can cause inflammation.
MS. KNIGHT replied that e-cigarettes are still being studied but
they do pose health risks such as impaired lung function that
results in difficulty breathing.
2:23:04 PM
JOE DARNELL, Chief Investigator, Tobacco Enforcement and Youth
Education Program, Division of Behavioral Health, Department of
Health and Social Services (DHSS), Anchorage, Alaska, reported
that over the last 20 years the sell rate of tobacco products to
youth dropped from about 36 percent to 6 percent. However,
tobacco use is increasing with vaping products. He pointed out
that the Philip Morris homepage talks about their transformation
to deliver a smoke-free future.
He reported that his office does compliance checks, retailer
information, and certifications. He said the complaints he has
heard in the last year target the inconsistency with the state
law being 19 and the federal Tobacco-21 law being 21. The U. S.
Food and Drug Administration (FDA) is actively enforcing age 21
for the sale of tobacco products but the state only has the
authority to enforce age 19, he said.
MR. DARNELL advised that some retailers are not enforcing the
age 21 threshold because a federal violation only elicits a
letter from the FDA, but they do worry about violating the state
law relating to age. He emphasized that raising the age to 21
would help all retailers because it would align the law for all
age restricted products - tobacco, alcohol, and marijuana. He
reminded members that driver's licenses for Alaskans under age
21 are set up on a vertical platform so retailers automatically
know the person is a minor. He noted that the state and FDA
currently provide countdown calendars to help retailers
determine age without having to rely on expensive software that
does the same thing.
MR. DARNELL related that his office had worked with retailers
and licensing for the last several years to correct the behavior
that half the shops in Anchorage were selling (tobacco products)
to underage individuals. Students now see that smoking is
harmful to their health, but they do not see the risk associated
with vaping and e-cigarettes. He opined that raising the age to
21 would help.
2:28:00 PM
SENATOR STEVENS asked how many investigators he had in the
department.
MR. DARNESS answered that there are two in addition to himself.
SENATOR STEVENS thanked him for improving society with such a
small force.
2:28:37 PM
DR. KERSTEN JOHNSON, PhD; Senior Director of Secondary
Education, Anchorage School District, Anchorage, Alaska,
confirmed previous testimony about the prevalence of vaping and
e-cigarette use among Alaskan youth and in the schools. She
provided her background of 20 plus years in education in Alaska.
She related her experience working with students experiencing
addiction from vaping and parents struggling to keep their kids
from vaping and using e-cigarettes. She acknowledged the broad
spectrum of usage across the municipality amongst middle and
high school students.
DR. JOHNSON said she primarily wanted to emphasize the explosive
growth of this unhealthy behavior in the past 10 years. It used
to be limited to high school students but it has crept into
middle and elementary schools, some as young as third grade. E-
cigarette use and vaping is becoming a huge health issue for
youth in the state as well as a distraction in school.
Furthermore, students who are thinking about their next vape are
not concentrated on learning. Schools have increased discipline
problems that take resources away from student learning.
DR. JOHNSON agreed with Dr. Zink that about 26 percent of high
school students engage in this behavior and many parents either
do not know how to help their child or do not realize their
child has an addiction until it has become a very complicated
issue. She advised that she shared some pictures to illustrate
how difficult it can be to identify some e-products. They can
look like ordinary items. She cited the example of the amulet
vape watch that looks like any other Apple watch. Officials
confiscated that watch at one of the Anchorage high schools, but
it is just one of many disguised and concealable vaping
products.
DR. JOHNSON urged the committee to pass SB 45 to provide schools
additional tools to combat this unhealthy behavior so students
can focus on learning.
2:35:19 PM
CHAIR COSTELLO thanked her for providing the school perspective.
SENATOR STEVENS thanked her for her testimony and the photos. He
shared his experience from several years ago when teachers told
him how difficult it is to eliminate vaping in schools because
it is so easy to disguise. He asked what kind of intervention
teachers could provide for students.
DR. JOHNSON replied that Anchorage schools have started
educating elementary through high school students about the
addictive nature of vaping. The idea is to start early to
educate students before they become addicted. The district has
rewritten school board policies to include language about e-
cigarettes and vaping and the policies are included in student
handbooks. Furthermore, specific penalties apply to students who
engage in vaping behavior while in school. She advised that this
had become such a large issue that Anchorage schools track the
cases of student usage in a separate databank. She highlighted
that the vaping rates in the first three-quarters of the 2019-
2020 school year were nine times higher than tobacco usage
district wide.
2:39:06 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society Cancer Action Network, Anchorage, Alaska, stated
appreciation that the committee was looking in depth at the
tobacco statutes because the market had changed since the last
major rework of the tobacco tax code in 2004. E-cigarettes were
not on the U.S. market until 2006 or 2007. She echoed, from a
health agency perspective, the health effects articulated in the
previous testimony.
MS. NENON informed the committee that none of the e-cigarette
manufacturers had even applied to be a cessation product and
they are not regulated as such. She said there are FDA approved
cessation products and Alaska has a strong quit line, but the
best way to quit smoking is to never start. That is why it is so
important to focus on youth and keep them from starting a
lifetime of addiction.
She highlighted that Anchorage removed the criminal penalties
for kids caught using tobacco and vaping products because a fine
is not the way to help kids who are addicted to a product. She
said she was interested in looking at the best way to give
school districts the tools they need for student compliance
while also giving students the resources they need to deal with
addiction. She reported that the tobacco prevention community
grantees are working with school districts on alternatives to
suspension and programs that deal with the problem students are
facing. The onus should be on the tobacco industry and not the
kid who became addicted. She said the American Lung Association
and the American Heart Association joined the American Cancer
Society Cancer Action Network to support removing the penalties
and decriminalizing the behavior.
MS. NENON closed by reminded members that taxes are proven to be
at the top of effective strategies for reducing youth use of
tobacco products.
2:45:17 PM
CHAIR COSTELLO thanked her for the advocacy.
SENATOR STEVENS expressed appreciation that she said that e-
cigarettes are not a cessation product. He asked what some of
the approved cessation products are because many people have
contacted his office to say e-cigarettes are the only way they
stopped smoking.
MS. NENON said there are approved products that are medically
safe. These include nicotine patches, nicotine gum and lozenges,
as well as prescription drugs. More information is available at
1-800 quit now; cessation counselors help people set up a quit
plan and check in regularly to provide support. She noted that
she encourages people by telling them that their chance of
success improves with every attempt to quit.
MS. NENON concluded her comments by telling the members that the
combustive cigarette has over 3,000 chemical compounds, 69-70 of
which are known human carcinogens. Just because a product is
less harmful than a combustive cigarette, does not mean it is
safe. That is why she encourages people who are ready to quit to
call 1 800 quit now or use FDA approved cessation products.
2:49:13 PM
DR. GEORGE STEWART, Retired Pulmonologist, Anchorage, Alaska,
stated that SB 45 is a very strong way to help Alaskan teens. He
stressed the importance of increasing the age to 21 and taxing
e-cigarettes like tobacco. He reminded members that cigarette
use declined when the taxes went up. He said e-cigarettes are
clearly toxic and increasing the age to 21 will hopefully move
the issue out of the schools. He reported that a JUUL cartridge
has the same amount of nicotine as an entire pack of cigarettes.
They should not be available to kids, he said. He agreed with
Mr. Darnell that anyone who purchases e-products online should
be 21 and be required to present proof upon delivery. He
described a publication from the University of Rochester Medical
Center that talks about the increased risk of COVID in people
using e-cigarettes. He quoted, "Droplets of the virus can escape
through the e-cigarette aerosol or individuals may spread the
infection through saliva when they share vaping devices." He
urged the committee to prevent anyone younger that 21 from
obtaining e-cigarettes. He said kids who smoke or vape are
getting respiratory diseases because nicotine is just one of the
toxins they are inhaling.
DR. STEWART strongly encouraged the legislature and governor to
pass SB 45 to help get kids safer. He said he had been working
to limit the use of tobacco for 40 years. Several years ago,
Alaska workplaces became smoke free and now Alaska needs to be
free of e-cigarettes for anyone younger than 21 years of age.
CHAIR COSTELLO thanked him for the testimony and work in this
area.
SENATOR STEVENS thanked him for his years of service and for
highlighting the increased risk of COVID for young people who
share e-devices.
CHAIR COSTELLO held SB 45 in committee for future consideration.
2:57:22 PM
There being no further business to come before the committee,
Senator Costello adjourned the Senate Labor and Commerce
Standing Committee meeting at 2:57 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 45 v. B Sponsor Statement.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 v. B.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 v. B Sectional Analysis.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 v. B Fiscal Note DCCED.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 v. B Fiscal Note DOR.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 v. B Fiscal Note DHSS.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 PowerPoint.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Research_Public Health Law Center.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Research_The Verge.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Research_E-Cig Product Packaging.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Research_Youth Access to E-Cig.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Research_E-Cig Tax.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Research_Video Links E-Cig.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Research_Examples of Confiscated.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Opposition NATO.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Opposition Alex McDonald.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Opposition Americans for Tax Reform.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |
| SB 45 Opposition Jessi Walton.pdf |
SL&C 2/19/2021 1:30:00 PM |
SB 45 |