Legislature(2019 - 2020)BARNES 124
03/10/2020 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB174 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 174 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 174-MIN. AGE TO POSSESS NICOTINE/ECIG PRODUCT
8:05:49 AM
CO-CHAIR HANNAN announced that the only 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." [Before the committee, adopted as a working
draft on 3/5/20, was the proposed committee substitute (CS) for
HB 174, Version 31-LS0957\S, Caouette/Radford, 2/21/20, "Version
S."]
8:06:57 AM
KERRY BOCKER, Staff, Representative Gary Knopp, Alaska State
Legislature, offered an overview of HB 174 on behalf of
Representative Knopp, prime sponsor. He said the proposed
legislation would conform Alaska Statute with federal
guidelines; it would raise the legal age [to purchase, sell,
exchange, or possess a product containing nicotine or an
electronic smoking product] from 19 to 21.
8:07:53 AM
CO-CHAIR HANNAN opened public testimony on HB 174.
8:08:08 AM
The committee took an at-ease from 8:08 a.m. to 8:09 a.m.
8:09:14 AM
NOEL CROWLEY BELL testified in support of HB 174. She opined
that it makes sense to give children's brains time to develop
before "introducing an addictive product like nicotine," clearly
identify a standard age for all adult products known to alter
brain operation when used, and have legislation in line with
federal law. She urged passage of HB 174.
8:11:17 AM
JOSEPH YOURKOSKI, Volunteer, American Cancer Society, Cancer
Action Network, had his testimony in support of HB 174 read by
Heather Aronno, as follows:
Hello, I am testifying on behalf of the American
Cancer Society Cancer Action Network in support of HB
174. I am from Nikiski, Alaska, and am a senior at
Nikiski Middle/High School.
When I was four and a half years old, I was diagnosed
with Acute Lymphoblastic Leukemia. This three and a
half-year battle would result in more than 30 blood
transfusions, numerous spinal taps, and what seemed
like endless amounts of chemotherapy. This grueling
battle would end for me with a positive outcome, but
for others it would not. That's why I became involved
with American Cancer Society Cancer Action Network
five years ago to help others fight this terrible
disease, to pay it forward for those children who lost
their battle with cancer.
This bill is a simple and easy way to prevent cancer
in Alaskans. It has been proven time and time again
that the longer it takes for someone to start using
tobacco the less likely they'll start in the first
place. By increasing the age of sale of tobacco
products in Alaska to 21, we are protecting the youth
of Alaska from a fatal habit. Furthermore this bill
simply brings Alaska law into compliance with the new
federal law, allowing the state to enforce compliance
rather than waiting for the federal government to.
I'm asking you as not only a volunteer ..., [but also
as] a cancer survivor, and a concerned Alaskan to
support HB 174. Thank you.
Sincerely,
Joseph Yourkoski
8:13:41 AM
TERRENCE ROBBINS, testifying in support of HB 174, noted that he
had worked several years in the area of tobacco and drug
prevention. He said he teaches Not On Tobacco (NOT) clinics
through the American Lung Association for youth addicted to
tobacco. He surveys his students and has found that 100 percent
of them acquire their tobacco from older friends and family. He
said raising the age to 21 would decrease the circle of friends
and family who could purchase for them, making it less likely
for addiction to occur. Mr. Robbins emphasized that this is
important, because 95 percent of smokers become addicted before
the age of 21. The [federal] law is predicted to reduce the use
of tobacco by youth by 25 percent. This would result in fewer
young tobacco users, who turn into adult smokers, which in turn
saves communities from "the burdens of the cost of smoking." He
related that he has lost many aunts and uncles to smoking and
secondhand smoke.
MR. ROBBINS said Stanton Glantz, PhD, a professor at the
University of California, San Francisco, and a leading tobacco
researcher in the country, just sent out an e-mail stating that
in terms of the coronavirus, smokers are 14 times more likely to
have "an escalation," up to and including death, than
nonsmokers.
8:16:58 AM
CASSIE FROST, Volunteer, American Cancer Society, testified in
support of HB 174. She related that she is in a master's
program for social work, and as part of that she is doing her
practicum at the American Cancer Society. As a mother and an
individual who has worked in the area of youth and family
services for over 10 years, she is concerned about the health
and wellbeing of youth. She said tobacco use has had a
significant impact on her own family; her grandmother died from
lung disease related to tobacco use, and both her mother and her
youngest sister are experiencing health complications resulting
from tobacco use. All three began using tobacco when they were
teenagers. She emphasized that it is important to her to ensure
long life and good health for everyone in Alaska. She asked the
committee to move HB 174 to match federal guidelines.
8:18:59 AM
SHAUN D'SYLVA testified in support of HB 174. He noted that he
owns three "vaper" stores: one in Fairbanks, one in Wasilla,
and one in Anchorage. He said when the federal law was passed,
he called "the tobacco control" in Alaska and was told that that
entity was not planning to enforce the federal law until the
state "put something forward." He said he is pleased to support
that. He said the responsibility of his business is to ensure
that underage youths are not given access to tobacco products.
He echoed previous testimony that with a lower age limit, there
are more people "in a cohort" that can get access to the
products and provide them to youth. He said he believes that HB
174 would help ensure that these products are only in the hands
of responsible adults.
8:20:35 AM
MICHAEL SCRIVEN testified in support of HB 174. He said he is
involved with Parents Against Vaping and E-Cigarettes (PAVE).
He thanked the bill sponsor and staff, as well as Co-Chair
Hannan for a letter of support she had sent his daughter. He
said he would like to see "a complete flavor ban" on e-cigarette
products. He said he could not tell whether the bill included
devices. He shared that his involvement in the issue is in part
a result of having found vaping products in his son's vehicle.
He said he believes the proposed legislation would reduce the
ability of teenagers to acquire these products.
8:24:14 AM
ANN SIMONS, Juul Labs, testified in support of HB 174. She
stated that increasing the age to 21 would be the single most
impactful policy the legislature could pass. She said over 70
percent of children access tobacco products from a friend,
perhaps an 18-year-old friend. She said Juul Labs supports
"Tobacco 21," because it believes that no child should be
accessing its product.
8:25:15 AM
MATT WAGGONER, FatBoy Vapors, testified in support of HB 174.
He said FatBoy Vapors is in Fairbanks, Wasilla, and Anchorage.
He said response from customers has been that e-cigarettes have
changed their lives by helping them discontinue use of
combustible cigarettes. He said he believes the State of Alaska
should change its law to be in compliance with the federal law.
Further, he said he believes HB 174 would prevent access by
youth to e-products, as well as traditional tobacco products.
He said the goal of FatBoy Vapors is to wean people off nicotine
use altogether, and the proposed legislation "encourages that
projection by preventing access at an early age."
8:26:45 AM
MIKE COONS testified in opposition to HB 174. He shared his
history with smoking. He said a person at the age of 18 doesn't
make a lot of good decisions, and yet he/she is an adult, who,
for example, can vote and be drafted. He said the issue of who
is a minor and who is an adult keeps shifting. He mentioned
people vaping without a problem. He criticized the state's
"cessation group" as "the most worthless organization" he had
ever seen in terms of helping him quit smoking. He concluded
that "this boils down to personal choice" as to whether to
"choose to be smart or choose to be dumb." He reiterated his
opposition to the proposed legislation.
8:30:35 AM
EMILY NENON, Director, Alaska Government Relations, American
Cancer Society, testified in support of HB 174. She credited
the work of the bill sponsor. She said Alaska is fortunate to
have "a robust youth compliance check program" and good
relationships with vendors. She said the proposed legislation
is not a panacea, but is an important piece of legislation with
which to align [Alaska statute] with federal [law].
8:33:05 AM
SARAH EATON, Owner, Alaska Elixirs Vapes, LLC, said she is on
the fence regarding the proposed legislation. She said her son
works for her and is age 19. She questioned what she would have
to do if the age were raised to 21, because her son needs the
job. Nevertheless, she said she agrees with keeping underage
youth out of her store, and she offered an example of what she
has done to ensure that. She opined that while it is not okay
for young people to have these products, it is also not okay to
take away the rights of young adults. She emphasized the way to
get these products out of the hands of children is to get it off
the Internet. As an example, she related that she had asked her
underage daughter to try to buy products online and in-store,
and her daughter was able to do so by the former but not the
latter method. She revisited the idea of young adults currently
working in vape shops who would lose their jobs if the age limit
were raised. She asked the committee to consider a grandfather
clause for current employees ages 19 through 20.
8:38:11 AM
CO-CHAIR HANNAN asked whether Ms. Eaton currently complies with
the federal 21 law and whether stores had been contacted
regarding a compliance date.
MS. EATON answered that she called "tobacco enforcement" to find
out what was going on and was told that it was her call, that it
was "a suggestion." She said there was indication that if the
federal law was not followed, then there would be a loss of
funding; however, she noted that Idaho said "no" and is still
receiving funding. She said her employees watch a video, called
"We Card," which trains employees in how to check identification
(ID) and know the right things to say to disgruntled customers.
Further, she said her store displays highly visible signage.
8:41:49 AM
REPRESENTATIVE JACKSON asked whether Ms. Eaton's son smokes or
vapes.
MS. EATON answered that he vapes.
REPRESENTATIVE JACKSON then asked Ms. Eaton whether her primary
concern was that her son would not be able to [vape] or would be
unable to "grow the family business."
MS. EATON replied, "He won't be able to grow the family
business." She noted that her son was present in the room.
REPRESENTATIVE JACKSON expressed support for those supporting
their families' businesses. She asked whether Ms. Eaton's son
would be willing to sign a contract that he would not vape or
smoke until he turned 21.
8:44:20 AM
CAMERON EATON said he would be "100 percent down to sign any
type of contract." He shared that he has family members who are
dying from lung-related illness; his grandfather is "on a
respirator." He said he agrees there needs to be adjustment
made to make it more difficult for underage youth to access
[cigarettes and e-cigarettes]. He indicted that the issue of
work is one that concerns him. In response to Co-Chair Hannan,
he said he would turn 21 in August 2020.
8:45:14 AM
CO-CHAIR HANNAN pointed out that if passed, HB 174 would not go
into effect until January 1, 2021.
8:45:31 AM
MS. EATON said she had heard it could go into effect this
summer.
CO-CHAIR HANNAN explained effective dates and reiterated that as
written, [Version S of] HB 174 would take effect January 1,
2021. She said sometimes effective dates change, but usually
they are not moved up, because there needs to be sufficient time
for agencies to prepare.
8:46:23 AM
REPRESENTATIVE JACKSON asked Mr. Eaton to confirm that he was
saying he was willing to not smoke in order to keep his
employment.
8:46:42 AM
MR. EATON answered, "Yes, 100 percent." He explained his
impetus to smoke in the first place, and he said he has been
able to get completely off nicotine through vaping. He
indicated that the only reason he still vapes is to show
customers how to do it.
8:47:46 AM
CO-CHAIR DRUMMOND asked whether there was a "step-down" system
in vaping to help a person discontinue the use of e-cigarettes.
MR. EATON answered yes and offered further details.
CO-CHAIR DRUMMOND said she thought that was the case. She
reiterated the information about the effective date to
illustrate that Mr. Eaton need not worry about having to quit
his job.
8:50:14 AM
CO-CHAIR HANNAN, after ascertaining that there was no one who
wished to testify, closed public testimony on HB 174.
8:50:35 AM
CO-CHAIR DRUMMOND moved to report CSHB 174, Version 31-LS0957\S,
Caouette/Radford, 2/21/20, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 174(CRA) was reported out of the House
Community and Regional Affairs Standing Committee.
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