03/28/2018 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB15 | |
| HB379 | |
| HB353 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 262 | TELECONFERENCED | |
| += | HB 401 | TELECONFERENCED | |
| += | SB 15 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 379 | TELECONFERENCED | |
| += | HB 353 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 28, 2018
3:18 p.m.
MEMBERS PRESENT
Representative Sam Kito, Chair
Representative Adam Wool, Vice Chair
Representative Andy Josephson
Representative Colleen Sullivan-Leonard
Representative Chris Birch
MEMBERS ABSENT
Representative Louise Stutes
Representative Gary Knopp
Representative Mike Chenault (alternate)
Representative Bryce Edgmon (alternate)
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 15(FIN)
"An Act relating to possession of an electronic smoking product
or a product containing nicotine by a minor and to selling or
giving a product containing nicotine or 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, products containing nicotine, or electronic smoking
products."
- HEARD & HELD
HOUSE BILL NO. 379
"An Act relating to claims against protection and indemnity
insurance policies of vessel owners."
- MOVED HB 379 OUT OF COMMITTEE
HOUSE BILL NO. 353
"An Act relating to the licensure of marital and family
therapists; relating to medical assistance for marital and
family therapists' services; and providing for an effective
date."
- MOVED CSHB 353(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 262
"An Act relating to temporary courtesy licenses for certain
nonresident professionals; and relating to the Department of
Commerce, Community, and Economic Development."
- BILL HEARING CANCELED
HOUSE BILL NO. 401
"An Act relating to insurance; relating to credit for
reinsurance; insurance standard valuation; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 15
SHORT TITLE: E-CIGS/TOBACCO/NICOTINE & MINORS; SALES
SPONSOR(s): SENATOR(s) STEVENS
01/18/17 (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)
02/21/17 (S) Heard & Held
02/21/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) <Bill Hearing Canceled>
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/02/17 (S) Moved CSSB 15(L&C) Out of Committee
03/02/17 (S) MINUTE(L&C)
03/06/17 (S) L&C RPT CS 4DP NEW TITLE
03/06/17 (S) DP: COSTELLO, HUGHES, MEYER, GARDNER
03/27/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/27/17 (S) Heard & Held
03/27/17 (S) MINUTE(JUD)
03/29/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/29/17 (S) <Bill Hearing Canceled>
04/03/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/03/17 (S) Heard & Held
04/03/17 (S) MINUTE(JUD)
04/05/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/05/17 (S) Heard & Held
04/05/17 (S) MINUTE(JUD)
04/07/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/07/17 (S) Moved CSSB 15(JUD) Out of Committee
04/07/17 (S) MINUTE(JUD)
04/10/17 (S) JUD RPT CS 3DP 1NR 1AM NEW TITLE
04/10/17 (S) NR: COGHILL
04/10/17 (S) DP: WIELECHOWSKI, KELLY, COSTELLO
04/10/17 (S) AM: MEYER
04/10/17 (S) FIN REFERRAL ADDED AFTER JUD
02/16/18 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/16/18 (S) Heard & Held
02/16/18 (S) MINUTE(FIN)
02/28/18 (S) FIN RPT CS 6DP 1NR NEW TITLE
02/28/18 (S) DP: HOFFMAN, MACKINNON, BISHOP, VON
IMHOF, STEVENS, MICCICHE
02/28/18 (S) NR: OLSON
02/28/18 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/28/18 (S) Moved CSSB 15(FIN) Out of Committee
02/28/18 (S) MINUTE(FIN)
03/08/18 (S) TRANSMITTED TO (H)
03/08/18 (S) VERSION: CSSB 15(FIN)
03/09/18 (H) READ THE FIRST TIME - REFERRALS
03/09/18 (H) L&C, FIN
03/21/18 (H) L&C AT 3:15 PM BARNES 124
03/21/18 (H) -- MEETING CANCELED --
03/23/18 (H) L&C AT 3:15 PM BARNES 124
03/23/18 (H) -- MEETING CANCELED --
03/28/18 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 379
SHORT TITLE: COMM FISHERMEN'S FUND:VESSEL OWNER CLAIMS
SPONSOR(s): REPRESENTATIVE(s) ORTIZ
02/21/18 (H) READ THE FIRST TIME - REFERRALS
02/21/18 (H) FSH, L&C
03/08/18 (H) FSH AT 10:00 AM GRUENBERG 120
03/08/18 (H) Moved HB 379 Out of Committee
03/08/18 (H) MINUTE(FSH)
03/09/18 (H) FSH RPT 3DP 1AM
03/09/18 (H) DP: TARR, KREISS-TOMKINS, STUTES
03/09/18 (H) AM: NEUMAN
03/19/18 (H) L&C AT 3:15 PM BARNES 124
03/19/18 (H) Heard & Held
03/19/18 (H) MINUTE(L&C)
03/26/18 (H) L&C AT 3:15 PM BARNES 124
03/26/18 (H) Scheduled but Not Heard
03/28/18 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 353
SHORT TITLE: MARITAL & FAMILY THERAPY LIC. & SERVICES
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ
02/16/18 (H) READ THE FIRST TIME - REFERRALS
02/16/18 (H) L&C, FIN
03/05/18 (H) L&C AT 3:15 PM BARNES 124
03/05/18 (H) Heard & Held
03/05/18 (H) MINUTE(L&C)
03/23/18 (H) L&C AT 3:15 PM BARNES 124
03/23/18 (H) -- MEETING CANCELED --
03/28/18 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 15 as prime sponsor.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 15 on behalf of Senator
Stevens, prime sponsor.
JOE DARNELL, Chief Investigator
Tobacco Enforcement
Division of Behavioral Health
Department of Health and Social Services (DHSS)
POSITION STATEMENT: Answered questions in the hearing on SB 15.
SARA CLARK, Program Coordinator
Division of Public Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions in the hearing on SB 15.
JAMIE MORGAN
American Heart Association
Sacramento, California
POSITION STATEMENT: Testified in support of SB 15.
PATTY OWEN
Alaska Public Health Association
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 15.
TERRENCE ROBBINS
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of SB 15.
ROBIN MINARD, Director
Public Affairs
Mat-Su Health Foundation
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 15.
BETTY MACTAVISH
Retired Schoolteacher
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 15.
EMILY NENON
Alaska Government Relations Director
American Cancer Society Action Network
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 15.
REPRESENTATIVE DAN ORTIZ
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reintroduced HB 379 as prime sponsor.
CLAY BEZENEK
Fisherman's Fund Appeals and Advisory Board
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of HB 379.
CAITLYN ELLIS, Staff
Representative Sam Kito
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the changes to HB 353 on behalf
of Representative Kito and the House Labor and Commerce Standing
Committee.
REPRESENTATIVE IVY SPOHNHOLZ
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as prime sponsor of HB 353.
KEVIN WALKER
Alaska Association of Marriage and Family Therapists
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 353.
ACTION NARRATIVE
3:18:55 PM
CHAIR SAM KITO called the House Labor and Commerce Standing
Committee meeting to order at 3:18 p.m. Representatives
Sullivan-Leonard, Wool, Josephson, and Kito were present at the
call to order. Representative Birch arrived as the meeting was
in progress.
SB 15-E-CIGS/TOBACCO/NICOTINE & MINORS; SALES
3:19:17 PM
CHAIR KITO announced that the first order of business would be
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."
3:19:47 PM
SENATOR GARY STEVENS, Alaska State Legislature, introduced SB 15
as prime sponsor. He explained the bill was created to protect
children from an addiction to nicotine.
3:21:01 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, presented SB 15 on behalf of Senator Stevens, prime
sponsor. He stated the proposed bill is aimed at restricting
nicotine products by age. He explained the smoking of e-
cigarettes can be referred to as vaping. He said public health
advocacy is winning the war against tobacco and e-cigarettes are
more fashionable and designed to attract a wide range of users.
He cited that there are about four million users worldwide that
are school aged. He said there exists a loophole meaning it's
not illegal to possess e-cigarettes. He added there is no
provision for law enforcement to take care of this issue, so
they can't cite vendors. He said the health benefits of these
products are dubious at best. He said the Food and Drug
Administration (FDA) has approved the known chemicals as being
safe for ingestion, but no as an inhalant. He said the long-
term effects are still being studied. He said the proposed bill
would treat them in the same manner as tobacco products. He gave
examples of some Juneau, Alaska, businesses that sell e-
cigarette products.
MR. LAMKIN listed some of the arguments against regulating the
products. He remarked the FDA does limited enforcement. He
said the penalties are "little more than a slap on the wrist."
He said the paperwork is not onerous. He said the argument that
the products help smokers quit smoking. He said those people
are not the target of the bill. He stated another argument is
that the products are not tobacco and therefore should not be
regulated as such. He added there are few requirements on the
labelling of the products. He mentioned studies found some
traces of nicotine in the products. He said another argument is
that "everyone wants to keep these out of minors' hands." He
stated it should not be an issue for those wishing to do so.
3:33:19 PM
REPRESENTATIVE BIRCH asked whether e-cigarettes are periodically
prescribed as a medical device for smoking cessation.
MR. LAMKIN answered that to his knowledge, the FDA has not
declared e-cigarettes a drug delivery device.
REPRESENTATIVE BIRCH asked whether the device can be used for
marijuana consumption.
MR. LAMKIN answered that depending on the product, some devices
can be made to contain THC.
3:36:53 PM
REPRESENTATIVE WOOL pointed to the designation of 18 years of
age as minor.
MR. LAMKIN answered the proposed bill would not change the
statutory age restrictions on tobacco products.
REPRESENTATIVE WOOL asked about the penalty for possession of an
e-cigarette or a tobacco product for a minor.
MR. LAMKIN answered that currently it is a violation with a $50
fee. He added that it's not enforced often. He said the bill
is targeted at vendors.
3:39:38 PM
CHAIR KITO said there is a committee substitute which updates
the effective date.
3:39:51 PM
REPRESENTATIVE WOOL moved to adopt CS to SB 15 as the working
document. There being no objection, it was so ordered.
3:40:29 PM
JOE DARNELL, Chief Investigator, Tobacco Enforcement, Division
of Behavioral Health, answered questions in the hearing on SB
15. He spoke to a survey to see what the sale rate was used 16
-17 years old had a state wide sell rate of 26 percent of vape
products to minors. The same year showed a 5.4 rate of selling
tobacco to minors. He said use was "exploding across the
state."
3:43:12 PM
REPRESENTATIVE SULLIVAN-LEONARD asked about data regarding the
health risk in vaping.
3:46:08 PM
SARA CLARK, Program Coordinator, Division of Public Health,
Department of Health and Social Services (DHSS), answered
questions in the hearing on SB 15. She said health risks of
nicotine include addiction and harmful effects on the adolescent
brain.
MR. LAMKIN informed that e-cigarettes contain a series of
chemicals for which studies are still being carried out. He
listed some chemicals and their effects when inhaled.
3:49:15 PM
SENATOR STEVENS spoke to an article on vaping which shows that
vaping can lead to the presence of toxic chemicals associated
with higher cancer rates. He added there is a threat of cancer
that is not present when there is no use of cigarettes or e-
cigarettes.
REPRESENTATIVE WOOL asked about the motivation behind the higher
age limit for purchase.
JOE DARNELL answered there has been a national push to raise the
tobacco purchase age to 21.
REPRESENTATIVE BIRCH asked about the effects of second-hand
vaping.
MR. LAMKIN answered that the information was still emerging.
3:53:42 PM
CHAIR KITO opened public testimony on SB 15.
3:53:48 PM
JAMIE MORGAN, American Heart Association, testified in support
of SB 15.
3:54:46 PM
PATTY OWEN, Alaska Public Health Association, testified in
support of SB 15. She said the organization was supporting a
minimum age of 21 for tobacco purchase, including e-cigarettes.
She said studies predict that raising the age to 21 nationwide
would result in fewer deaths from lung cancer.
REPRESENTATIVE WOOL asked about the legal argument to raise the
age to 21.
MS. OWENS said she can't speak to the legal aspects. She said
95 percent of adult smokers begin smoking before age 21.
CHAIR KITO commented that he remembers some discussion around
raising the drinking age from 19 to 21 and part of the
discussion centered around creating a barrier between school
aged kids and adults.
3:58:47 PM
TERRENCE ROBBINS testified in support of SB 15. He stated that
in Ketchikan, Alaska, the use of e-cigarettes is double that of
cigarettes. He said he think the proposed bill would help reduce
the number of kids that start smoking to begin with. He shared
a study that listed 10 cancer-causing chemicals that were in the
urine of e-cigarette users that were not present in the urine of
nonsmokers and non-e-cigarette users. He reported young users
were getting their tobacco products from an older friend. He
suggested raising the age to 21 would reduce the probability
that younger users get access to the products.
4:03:35 PM
ROBIN MINARD, Director, Public Affairs, Mat-Su Health
Foundation, testified in support of SB 15. She cited a 2015
study by the National Institute of Health which found that 9th
graders that use e-cigarettes are 3 times more likely to smoke
cigarettes.
REPRESENTATIVE WOOL asked Ms. Minard whether she thinks there is
any value in the cessation aspect of e-cigarettes. He gave an
example of friend who had used them to quit smoking.
MS. MINARD answered that e-cigarettes are not Food and Drug
Administration (FDA) approved as a cessation device.
4:05:54 PM
BETTY MACTAVISH, Retired Schoolteacher, testified in support of
SB 15. She said many of the devices are so small they can be
hidden in coats. She indicated students are using them in
bathrooms, halls, and parking lots of schools. She added some
students are dual users, using both cigarettes and e-cigarettes,
while some who would never use cigarettes are using e-
cigarettes.
4:08:14 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society Action Network, testified in support of SB 15.
She clarified that the proposed bill was aimed at vendors
selling to minors. She explained the difference between a
vaper and aerosol. The aerosol has been found to contain
ultrafine particles that can be inhaled deeply into the lungs
including heavy metals and carcinogens. She added that nicotine
is a psychoactive neurotoxin and there are clear established
health harms to the adolescent brain. She said sales rates of
tobacco used to be 30 percent, and now 35.7 percent of vape
shops are selling to youth. She indicated that penalties have
brought sale rates for tobacco down significantly.
REPRESENTATIVE WOOL asked whether it is currently legal to sell
the products to minors.
MS. NENON answered legislation had been passed that did not
include e-cigarettes.
REPRESENTATIVE WOOL reiterated that selling nicotine to people
under 19 is currently against the law and the proposed bill
states that selling the delivery device is what is penalized.
MS. NENON stated that it is a technical question. She said the
proposed bill is about the penalties to the vendors who sell to
minors.
4:13:57 PM
CHAIR KITO held over SB 15.
HB 379-COMM FISHERMEN'S FUND:VESSEL OWNER CLAIMS
4:14:07 PM
CHAIR KITO announced that the final order of business would be
HOUSE BILL NO. 379, "An Act relating to claims against
protection and indemnity insurance policies of vessel owners."
4:14:20 PM
REPRESENTATIVE DAN ORTIZ, Alaska State Legislature, reintroduced
HB 379 as prime sponsor. He explained the proposed bill would
allow owners of commercial vessels to deduct up to 100 percent
of their deductible to incentivize vessel owners to purchase P&I
insurance.
4:15:34 PM
CLAY BEZENEK, Fisherman's Fund Appeals and Advisory Board,
testified in support of HB 379. He said the proposed bill would
incentivize vessel owners to carry insurance for their crew.
4:17:43 PM
CHAIR KITO closed public testimony on HB 379.
4:17:59 PM
REPRESENTATIVE WOOL moved to report HB 379 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, it was so ordered.
4:18:18 PM
The committee took an at-ease from 4:18 p.m. to 4:21 p.m.
HB 353-MARITAL & FAMILY THERAPY LIC. & SERVICES
4:21:10 PM
CHAIR KITO announced that the final order of business would be
HOUSE BILL NO. 353, "An Act relating to the licensure of marital
and family therapists; relating to medical assistance for
marital and family therapists' services; and providing for an
effective date."
4:21:13 PM
REPRESENTATIVE WOOL moved to adopt the CS to HB 253 as a working
document.
CHAIR KITO objected for the purpose of discussion.
4:21:52 PM
CAITLYN ELLIS, Staff, Representative Sam Kito, Alaska State
Legislature, presented the changes from Version A to Version O.
She indicated the changes simplify the bill. She said the
language regarding total hours has been clarified to 1,700 total
hours. She said in Section 2 a provision has been deleted. She
said the previous Sections 4 and 5 had been removed. She said
SB 169 would address the details therein.
4:23:26 PM
REPRESENTATIVE JOSEPHSON asked Representative Spohnholz whether
she is comfortable with the proposed CS.
4:23:36 PM
REPRESENTATIVE IVY SPOHNHOLZ, Alaska State Legislature, answered
that the changes had been made in collaboration with her office
and she was comfortable with them.
REPRESENTATIVE WOOL asked about total number of hours required.
REPRESENTATIVE SPOHNHOLZ stated it was always 1,700 hours
required and the CS cleaned up in the language to state that
additional 200 hours were a subset of the 1,700 hours.
REPRESENTATIVE JOSEPHSON asked about the companion piece of
legislation.
REPRESENTATIVE SPOHNHOLZ answered that SB 169 has to do with the
supervision of professional counselors aspect of the bill.
4:25:42 PM
CHAIR KITO removed his objection to adopting the CS as a working
document. There being no other objection, it was so ordered.
4:25:58 PM
CHAIR KITO said public testimony on HB 353 was still open from a
previous hearing.
4:26:14 PM
KEVIN WALKER, Alaska Association of Marriage and Family
Therapists, testified in support of HB 353. He stated he has
had "a hard time" finding a supervisor who could help him
acquire the required number of supervised hours. He stated he
had to go to Anchorage, Alaska, to find a supervisor. He said
broadening the amount of people who could act as supervisor
would be helpful.
REPRESENTATIVE BIRCH asked Mr. Walker to define supervision in
the context of the proposed bill.
MR. WALKER explained he was able to go to the office of the
supervisor. He said he knows of people that did a mixed style of
supervision where they met in person and via video as long as
the meeting is not recorded.
4:30:31 PM
CHAIR KITO closed public testimony on HB 353.
4:30:38 PM
REPRESENTATIVE WOOL moved to report HB 353 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, it was so ordered.
4:31:53 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:31 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB353 DBH and Board letters supporting CS 3.22.18.pdf |
HL&C 3/28/2018 3:15:00 PM |
HB 353 |
| HB353 Letters of Support 3.27.18.pdf |
HL&C 3/28/2018 3:15:00 PM |
HB 353 |
| HB379 Support Letter 3.19.18.pdf |
HL&C 3/28/2018 3:15:00 PM |
HB 379 |
| HB379 Support Letter 3.19.18.pdf |
HL&C 3/28/2018 3:15:00 PM |
HB 379 |