Legislature(2019 - 2020)BARNES 124
03/05/2020 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB174 | |
| HCR14 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 174 | TELECONFERENCED | |
| *+ | HCR 14 | TELECONFERENCED | |
HB 174-MIN. AGE TO POSSESS NICOTINE/ECIG PRODUCT
8:03:30 AM
CO-CHAIR DRUMMOND announced that the first order of business
would be HOUSE BILL NO. 174, "An Act raising the minimum age to
purchase, sell, exchange, or possess a product containing
nicotine or an electronic smoking product; and providing for an
effective date."
8:03:41 AM
CO-CHAIR HANNAN moved to adopt the proposed committee substitute
(CS) for HB 174, Version 31-LS0957\S, Caouette/Radford, 2/21/20,
as a working document.
CO-CHAIR DRUMMOND objected for purposes of discussion.
8:04:16 AM
REPRESENTATIVE GARY KNOPP, Alaska State Legislature, as prime
sponsor, presented HB 174. He explained that in the original
bill version there was an exemption for military personnel to
keep the age limit to 18; however, since then the federal
government has taken action to set the federal standard at 21.
The purpose of the proposed CS was to comply with the federal
standard.
REPRESENTATIVE KNOPP said even with the change in the federal
government standard, the state's penalties are slightly harsher.
He explained:
So, if you were to sell to a person under 21 but age
20, the federal ... penalties would apply; but if you
sold to somebody under the age of 19, then the state
regulations would apply. So, that's the discrepancy
in the age difference. So, if we bring the ...
state's limit up to 21, then we eliminate that, and
then ... the penalties we had put in over time for
selling tobacco products to underage minors would
apply.
8:06:40 AM
CO-CHAIR DRUMMOND noted those available to answer questions.
8:07:01 AM
KERRY CROCKER, Staff, Representative Gary Knopp, Alaska State
Legislature, presented HB 174 on behalf of Representative Knopp,
prime sponsor. He read the sponsor statement, which read as
follows [original punctuation provided]:
House Bill 174 HB 174 will change Alaska Statute to
match recently implemented Federal guidelines for the
sale of tobacco products. This bill will raise the
legal age of tobacco use in Alaska to 21 and in doing
so end discrepancies in both statute and enforcement
between federal and state tobacco use laws.
According to the Department of Health and Human
Services, smoking costs the State of Alaska
$575,000,000.00 in direct medical expenditures and
kills an estimated 700 persons annually. The deaths of
Alaskans to smoking further costs the state
$261,000,000.00 yearly in lost productivity.
According to the Alaska Youth Risk Behavior Survey 12%
of male youths and 9% of female youths use tobacco
products. This use of tobacco products becomes more
prevalent the higher the grade level the student is
in; rising from 6% in 9th grade to 16% in 12th grade.
The doubling of the number of youth tobacco users
between their freshman and senior years of high school
highlights how access to tobacco products leads to a
rise in tobacco use. By raising the legal age of
tobacco use to the age of 21 from the age of 19 we
will be further removing access to tobacco products
from Alaskan youth by removing access within their own
peer groups.
The Alaska Department of Health and Human Services
cites that in 2017 only 11% of Alaskan high school
students who used tobacco products purchased those
products for themselves. That leaves 89% of Alaskan
high school students who obtain tobacco products by
other means, including, borrowing them from a peer or
giving a peer over the legal age money to purchase
tobacco products on their behalf.
It is important to match Alaskan smoking statutes with
federal guidelines in order to allow State law
enforcement personnel to prevent and enforce sales to
under age consumers.
It is the intent of this bill to not only match Alaska
Statute with Federal guidelines, but to combat tobacco
use among Alaskan children.
MR. CROCKER noted that Alaska receives approximately $2.8
million in federal substance abuse grants, and if the state does
not comply with the federal standard set at age 21, then it
would "eventually lose some of those grants."
8:09:14 AM
INTIMAYO HARBISON, Staff, Representative Gary Knopp, Alaska
State Legislature, on behalf of Representative Knopp, prime
sponsor, explained changes in a committee substitute and offered
a sectional analysis during the hearing on HB 174. He explained
that Version S would remove Section 3 of the original bill
pertaining to correctional facilities and active duty military
members; it would amend Section 5 to remove language pertaining
to active members of the armed forces of the United States;
Section 6 would be amended by the removal of [paragraph (3),
subparagraph (B)] and [paragraph (4), subparagraph (B)], both
relating to active duty members; it would amend Section 12 to
remove [paragraph (6)], pertaining to active duty members of the
armed forces; and it would add Section 15, to repeal AS
11.76.100(e).
MR. HARBISON next presented the sectional analysis, which read
as follows [original punctuation provided]:
Section 1: Amends Alaska Statute to raise the age of
selling or giving tobacco, from Minor to 21.
Section 2: Amends Alaska Statute to raise the age of
selling or giving tobacco, from 19 to 21.
Section 3: Amends Alaska Statute to raise the age of
possession for tobacco from 19 to 21. Removes
exemptions for prisoners.
Section 4: Amends Alaska Statute to change the age in
the sale of tobacco outside a controlled area from 19
to 21.
Section 5: Amends Alaska Statute to change the age of
selling or giving a product containing nicotine to a
minor from Minor to 21.
Section 6: Amends Alaska Statute to change the age of
selling or giving a product containing nicotine to a
minor from 19 to 21.
Section 7: Amends Alaska Statute to change the age of
selling or giving a product containing nicotine to a
minor from 19 to 21.
Section 8: Amends Alaska Statute to change the age of
selling or giving a product containing nicotine to a
minor from 19 to 21.
Section 9: Amends Alaska Statute to change the age on
the restriction on shipping or transporting cigarettes
from 19 to 21.
Section 10: Amends Alaska Statute to change the age on
license endorsement for the sale of tobacco products
from 19 to 21.
Section 11: Amends Alaska Statute to change the age on
license endorsement for the sale of tobacco products
from 19 to 21.
Section 12: Amends Alaska Statute to change the age on
license endorsement for the sale of tobacco products
from 19 to 21.
Section 13: Amends Alaska Statute to change the age on
license endorsement for the sale of tobacco products
from 19 to 21.
Section 14: Amends Alaska Statute to change the age of
possession for tobacco under provisions inapplicable
from 19 to 21.
Section 15: No changes in this section. AS
11.76.100(e) is repealed.
Section 16: Provides effective date of 01/01/2021.
8:12:28 AM
CO-CHAIR DRUMMOND removed her objection to the motion to adopt
the proposed committee substitute (CS) for HB 174, Version 31-
LS0957\S, Caouette/Radford, 2/21/20, as a working document.
There being no further objection, Version S was before the
committee.
8:12:47 AM
REPRESENTATIVE THOMPSON asked for confirmation that currently an
establishment that sells cigarettes to someone under 21 years of
age can lose its business license.
MR. HARBISON answered that currently, because the State of
Alaska has set the age of 19 in statute, it would not be able to
enforce the federal regulation of age 21; therefore, the State
of Alaska currently could not penalize any establishment for
selling to somebody who is [19 or 20 years of age].
8:13:47 AM
REPRESENTATIVE KNOPP offered his understanding that what
Representative Thompson wanted to know was whether a licensed
facility selling tobacco products could lose its license for
selling to an underage minor.
REPRESENTATIVE THOMPSON confirmed that is correct.
REPRESENTATIVE KNOPP mentioned penalties and said that "so much
of that is in regulation not in statutes." He offered his
understanding that "they actually are suspended from selling for
the 20 days on a first offense." Subsequent offenses could
result in a [selling license] being revoked.
REPRESENTATIVE THOMPSON expressed concerned about an
establishment losing its business license.
REPRESENTATIVE KNOPP confirmed that the loss is of the license
[to sell tobacco products] - not the business license. In
response to a follow-up question, he said currently businesses
[that want to sell tobacco products] get an endorsement on their
licenses.
8:15:24 AM
CO-CHAIR HANNAN asked for a description of the specific
licensure to sell tobacco and the current process of punishment
for violations and whether anything about that other than age
requirement would be changed under Version S.
8:16:15 AM
JOE DARNELL, Investigator III, Tobacco Youth Education &
Enforcement Program, Division of Behavioral Health, Department
of Health & Social Services, stated that in order to sell
tobacco products in the state of Alaska, a retailer is required
to have a business license and a tobacco endorsement. Once a
retailer is convicted of selling to a minor "that conviction
then goes over to licensing and licensing uses the conviction
under statute to suspend the endorsement." He confirmed the
bill sponsor's response that the first offense is a 20-day
suspension, with a possibility of mitigating that penalty down
to a 10-day suspension. At the point of first offense the
business is "on a 2-year clock" and can be issued a 45-day
suspension if another offense occurs within two years of the
first. He said, "A second one after that is a 90-day
suspension, and a third they can lose their endorsement,
depending on circumstances, from one year to indefinitely."
Under HB 174, he said, none of that would change; the bill would
just raise the age from 19 to 21. In response to a follow-up
question from Co-Chair Hannan, he said currently there are
1,500-1,600 endorsements and the division has a staff of 3 that
do active enforcement. He said currently there is "a 6 percent
sell rate of tobacco to minors" and 10-20 suspensions a year.
He said it takes time to go through the suspension process; for
example, the sale could have taken place in January and the
suspension may not happen until October. He upped his previous
estimation of 10-20 suspensions to 20-25 suspension annually.
8:19:51 AM
CO-CHAIR DRUMMOND stated her assumption that when an endorsement
is suspended, the retailer's tobacco products stay on the shelf
but cannot be sold and most likely cannot be sold back to the
wholesaler; therefore, the retailer is "stuck with the product
until the suspension is lifted."
MR. DARNELL answered that is correct.
8:20:26 AM
CO-CHAIR DRUMMOND announced that HB 174 was held over.