03/28/2012 01:30 PM Senate HEALTH & SOCIAL SERVICES

           HB 224-SALES OF NICOTINE PRODUCTS TO MINOR                                                                       
                                                                                                                              
CHAIR DAVIS announced the consideration of HB 224.                                                                              
                                                                                                                                
1:59:31 PM                                                                                                                    
SENATOR   EGAN  noted  that   CSHB  224(FIN)am   was  before   the                                                              
committee.                                                                                                                      
                                                                                                                                
2:00:38 PM                                                                                                                    
REPRESENTATIVE  PAUL SEATON,  sponsor  of HB  224, introduced  the                                                              
bill. He  related that  HB 224  addresses the  problem that  it is                                                              
not illegal  to sell or  give nicotine to  minors in Alaska.  If a                                                              
tobacco   product   is   regulated    by   the   Food   and   Drug                                                              
Administration,  it would  be  illegal to  sell  or give  it to  a                                                              
minor; however,  nicotine, itself is  not a regulated  product. He                                                              
showed  examples of  homeopathic  nicotine  medicines and  various                                                              
tobacco  cessation products  that can  be purchased  by, or  given                                                              
to,  minors. He  stated  that these  products  can cause  nicotine                                                              
addiction.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON  explained that the  bill states that  it is                                                              
illegal for a person  to give or sell nicotine to  a minor, unless                                                              
the person  is a health  care professional,  a parent, or  a legal                                                              
guardian.  The  bill  is  crafted  so  that  it  does  not  impact                                                              
business  licenses. The  attempt is  to keep  these products  from                                                              
being introduced  to, and used in,  Alaska. An added  provision in                                                              
the bill  is that  employers must  advise their  employees  not to                                                              
sell or  give nicotine  products to  a minor, otherwise  employers                                                              
could be liable, as well.                                                                                                       
                                                                                                                                
2:05:03 PM                                                                                                                    
SENATOR MEYER  opined that  HB 224  was a good  bill. He  voiced a                                                              
concern about  holding employers  responsible for informing  their                                                              
employees not to sell these products to minors.                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  replied that  the Department of  Health and                                                              
Social  Services  would  include   instructions  to  employers  in                                                              
tobacco  regulations.  He added  that  the  bill is  written  that                                                              
employers must "advise"  their employees. There is  no training of                                                              
employees   required.   He  said   Legislative   Legal   suggested                                                              
incorporating the information into hiring documents.                                                                            
                                                                                                                                
SENATOR  MEYER  asked  if  the  nicotine  products  Representative                                                              
Seaton showed were currently sold in Alaska.                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said they were not available  in Alaska. He                                                              
noted that he obtained the products in Washington or Oregon.                                                                    
                                                                                                                                
SENATOR MEYER  inquired what would  happen if a person  bought one                                                              
of the products on-line.                                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON  said the  bill  does not  address  on-line                                                              
purchases.                                                                                                                      
                                                                                                                                
SENATOR  DAVIS  asked   if  the  bill  was  referred   to  another                                                              
committee. She noted it had a zero fiscal note.                                                                                 
                                                                                                                                
SENATOR  MEYER  said  the  bill   goes  to  the  Senate  Judiciary                                                              
Committee next.                                                                                                                 
                                                                                                                                
2:10:17 PM                                                                                                                    
CHAIR DAVIS stated her intent to move the bill.                                                                                 
                                                                                                                                
SENATOR EGAN  moved to  report CSHB  224(FIN)am, version  X.A from                                                              
committee  with   individual  recommendations  and   the  attached                                                              
fiscal  notes.  There  being no  objection,  CSHB  224(FIN)am  was                                                              
reported  from the  Senate  Health  and Social  Services  Standing                                                              
Committee.