Legislature(2017 - 2018)BARNES 124
03/28/2018 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB15 | |
| HB379 | |
| HB353 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 262 | TELECONFERENCED | |
| += | HB 401 | TELECONFERENCED | |
| += | SB 15 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 379 | TELECONFERENCED | |
| += | HB 353 | TELECONFERENCED | |
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.
| 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 |