Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/27/2017 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB69 | |
| HB24 | |
| SB15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 69 | TELECONFERENCED | |
| + | HB 24 | TELECONFERENCED | |
| + | SB 15 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR
2:06:57 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of CSSB 15(L&C). He welcomed Senator Stevens.
2:07:20 PM
SENATOR STEVENS, Alaska State Legislature, sponsor of SB 15,
stated that this legislation seeks to prohibit the possession,
sale, and exchange of electronic smoking devices to persons
under age 19.
2:08:00 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, introduced SB 15 on behalf of the sponsor. He gave
a slide show of the origins of e-cigarettes as well as the
styles, brands, flavorings, and components. He said the bill is
about protecting youth from the burgeoning fad of smoking
electronic cigarettes, also called vaping. There are over 500
varieties of this product on the market in the U.S. and they are
replacing traditional cigarettes. They are sleek, clean,
discrete, and relatively inexpensive. He said you'll hear
testimony that everyone wants to keep these products out of the
hands of youth, but they are already in their hands. He said you
will hear that some people have found e-cigarettes to be a
miracle in helping them quit smoking traditional cigarettes.
That may be true, but youths are the target of this bill and
whether they ought to have access to these products.
MR. LAMKIN said you'll hear that e-cigarettes are harmless, but
there is little conclusive evidence as to their long-term
effects on health. Some people maintain that e-cigarettes do not
contain nicotine. While that may or may not be true, the Food
and Drug Administration (FDA) has said these products should be
treated as a tobacco product for regulatory purposes. They
function and mimic traditional smoking. Some people maintain
that e-cigarettes do not contain nicotine, but that has not been
proven. There is no current mechanism to regulate how they are
labeled, marketed, or what they contain.
MR. LAMKIN said SB 15 is about closing a loophole. Right now, it
is illegal for a minor to purchase e-products, but it is not
illegal to possess them. The question is that if you agree that
tobacco products are appropriately restricted from youth, should
e-products be similarly restricted, so we can take them out of
students' hands.
CHAIR COGHILL listed the individuals available to answer
questions.
2:13:33 PM
SENATOR COSTELLO asked if the behavioral risk factor survey asks
if young people are using e-cigarettes. If so, is the research
available and if not, will it be added to the survey.
MR. LAMKIN said he is waiting to receive that data.
CHAIR COGHILL asked Ms. Muse to address the question.
2:14:22 PM
ELIZA MUSE, Deputy Program Manager, Tobacco Program, Division of
Public Health, Department of Health and Social Services (DHSS)
explained that high school students participate in the Youth
Risk Behavioral Survey every two years. The first time the
survey included a question about electronic cigarette use in
Alaska was in 2015. The survey showed that 36 percent of high
school students had tried electronic cigarettes and 18 percent
were currently using them. The 2017 survey is in process, so the
results are not available.
SENATOR COSTELLO asked how that compares to the use of
traditional cigarettes.
MS. MUSE said 11 percent of high school students smoke
traditional cigarettes; the difference between the two is
statistically significant.
2:16:11 PM
SENATOR KELLY commented that the slide show demonstrates good
marketing.
CHAIR COGHILL added that the marketing obviously targets the
younger audience.
SENATOR WIELECHOWSKI observed that the definition of "electronic
smoking product" in Section 10 is so broad it could potentially
include an inhaler for asthma. He suggested talking to
legislative legal about tightening the language.
MR. LAMKIN said that definition was carefully crafted. It
borrows language from programs in other states. These products
are changing quickly, and the definition tries to encapsulate
everything that could arguably have an adverse effect.
2:18:55 PM
SENATOR MEYER asked how tobacco is handled in prisons because
Section 1 exempts prisoners in an adult correctional facility
from the e-cigarette possession prohibition.
MR. LAMKIN clarified that AS 11.76.105 regarding possession of
tobacco by a minor is existing law. He deferred to a corrections
representative to discuss how tobacco use is handled in prisons.
SENATOR MEYER indicated he was satisfied.
SENATOR WIELECHOWSKI directed attention to the language in
Section 6, paragraph (3), about maintaining a vending machine
that dispenses electronic smoking products and the language in
the new subsection (f) in Section 9 that talks about maintaining
a vending machine. He asked if language should be added to
paragraph (3) in Section 6 that says, "under circumstances not
addressed in subsection (f)" in Section 9 of the bill.
MR. LAMKIN explained that AS 11.76.109(a), relating to selling
or giving product containing nicotine to a minor, was initially
intended to address nicotine gum and patches. SB 15 seeks to
apply the same rules to electronic smoking products to any place
in statute that references cigarettes sold in a vending machine.
"It's attempting to close a loophole and be [as] inclusive as
possible."
CHAIR COGHILL observed that the bill makes the delivery systems
for electronic smoking products and the products themselves
illegal for minors.
MR. LAMKIN confirmed that is correct. He drew an analogy to
illegal fishing; the fish warden looks at the tackle and the
bait separately and together when considering illegal activity.
CHAIR COGHILL asked if the delivery systems have any other
legitimate purpose. He said he didn't want the penalty for
possession of the hardware to be the same as the penalty for
possession of both the product and the hardware.
2:25:14 PM
MR. LAMKIN responded that it was a challenge to develop a
definition that encompassed both open and closed delivery
systems. The former can be dismantled to replace the nicotine or
other substance, whereas closed systems are a single, generally
disposable, unit.
SENATOR WIELECHOWSKI asked if there has been any talk about
establishing a threshold that is intended by the phrase
"products containing nicotine."
MR. LAMKIN said that's an option but whether it will affect
youth behavior in a meaningful way is another question.
SENATOR WIELECHOWSKI said he didn't want to ban smoking a
substance that isn't intended because there are trace amounts of
nicotine in any number of products, including tomatoes.
2:28:34 PM
CHAIR COGHILL said he is open to regulating the delivery system
because he has yet to hear that they are beneficial.
MR. LAMKIN said there are people who smoked for decades who
argue that e-cigarettes are an effective tobacco cessation
product. He restated that the bill is not about older smokers,
it only targets youth.
2:30:17 PM
MR. LAMKIN provided a sectional analysis for SB 15, version R,
speaking to the following summary:
Section 1: AS 11.76.IOS(a) Adds to existing law that,
as with prohibiting minors from possessing cigarettes
or tobacco, to also prohibit possession of electronic
cigarettes and any component thereof.
Section 2: AS 11.76.105(c) Extends an existing
exception for possession by minor of a tobacco
product, to include E cigarettes possession, provided
the minor is using an e cigarette for an approved
medical purpose, such as smoking cessation, and is
provided by a parent or prescribed by a doctor.
Section 3: AS ll.76.106(a) Adds to existing law that, as
with controlling access to and sale of tobacco products to
minors (that is, "behind the counter"), that E Cigarettes
access also be controlled and restricted in a like
manner.
Section 4: AS ll.76.106(b) Extends an existing
exception to clerk-controlled access to tobacco or E
Cigarette products sold through a vending machine,
which are covered in the next section.
Section 5: AS ll.76.107(a) Adds to existing law that,
as with tobacco product vending machines, vending
machines dispensing electronic cigarette or nicotine
products must also be supervised.
Section 6: AS ll.76.109(a) Adds to existing law
prohibiting the sale of nicotine products and
electronic cigarettes, or any related component
thereof, to a minor under 19 years old.
Section 7: AS ll.76.109(b) Extends an existing
exception for minor possession of a nicotine product,
to include E-cigarettes possession, provided the
minor is using an E-cigarette for an approved medical
purpose, such as smoking cessation, and is provided
by a parent or prescribed by a doctor.
Section 8: AS ll.76.109(e) Extends the existing fine
of at least $300 for selling nicotine products to
minors, to include selling E-cigarette products.
Section 9: AS 11.76.109(£) adds a new subsection that
is consistent with existing law regarding placement
of vending machines dispensing tobacco products; that
the same requirements are applied to vending machines
dispensing E-cigarette or nicotine products.
Section 10: AS ll.81.900(b) Establishes a definition
for "electronic smoking product," summarized as
follows:
(67) (A) a device designed to aerosolize and inhale
nicotine, a synthetic of nicotine, or another
substance that "'may have an adverse effect" on
the person inhaling from the device; [basically,
the hardware] and
(B) the accompanying compounds, oils, vapor
fluids, chemicals, or agents intended to be
aerosolized and inhaled in conjunction with the
device.
Section 11: AS 43.50.070(a) Adds enforcement
provision for the state to suspend, revoke, or refuse
to renew a business for violating provisions relating
to selling E-cigarette products to minors.
Section 12: AS 43.50.105(b) is amended for conformity
and consolidation, changing "tobacco" endorsement to
"business license" endorsement, for purposes of
shipping or transport of cigarettes. It also sets up
conformity for the following Section 8 of the bill,
relating to a required business license endorsement
for selling E-cigarette or nicotine products. The
effect is that existing tobacco license endorsement
holders may also sell E-cigarette products, and
eliminates a need for the state to establish a
separate database for vendors only selling only E
Cigarette products (and not tobacco), thus reducing
fiscal costs of implementation.
Section 13: AS 43.70.075(a) amends existing law
requiring a special business license endorsement in
order to lawfully sell tobacco products for each
location the products are sold, by including the same
license endorsement requirements for lawfully selling
E-cigarette or nicotine products, an endorsement for
each location.
Section 14: AS 43.70.075(d) amends existing law
relating to selling tobacco to minors, by adding the
same penalty provisions, including graduated fines,
for selling E-cigarette or nicotine products to
minors. Following repeated convictions within a 2-
year period, civil fines are structured as follows:
1st offense: a civil penalty of $1,000 (from $300)
2nd offense: a civil penalty of $2,000 (from $500)
3rd offense: a civil penalty of $4,000 (from $1,000)
After 3 convictions: suspend license indefinitely
(from I-year) and a civil penalty of $10,000 (from
$2,500)
Section 15: AS 43.70.075(f) amends existing law requiring
signage when selling tobacco products, to also require
signage for selling E-cigarette or nicotine products. The
signage must read "The sale of electronic smoking products or
products containing nicotine to a person under the age of 19
without a prescription is illegal." Signage must be 8.5
inches by 11 inches, which is a change to make sign design
and printing more efficient for both the state and vendors.
Section 16: AS 43.70.075(i) amends existing enforcement
provisions that, as with tobacco sales, to allow the State to
seize and destroy a vendor's inventory of E-cigarette or
nicotine products in the event violating the law prohibiting
sales of those products to minors.
Section 17: AS 43.70.075(l) is amended for conformity that,
as with tobacco sales, to allow one business license
endorsement to serve as an umbrella if a vendor has multiple
locations they are selling E-cigarette or nicotine products,
and to shut down only the offending vending machine or outlet
location in the event of a violation.
Sections 18-23: AS 43.70.075(m), (r), (t), (v), (w), and (x)
are amended for conformity that, as with tobacco sales, to
allow an evidentiary and administrative hearing, appeal
process, and penalties in the event of violations of these
statutes, involving the sale of £-cigarette or nicotine
products to minors.
Section 24: AS 43.70.IOS(b) is amended for conformity that,
as with tobacco products, a vendor must have the appropriate
business license endorsement in order to lawfully sell E
cigarette or nicotine products.
Section 25: AS 43.70.110 is added for conformity, linking the
definitions of "electronic smoking products," and
distinguishing between traditional cigarette (tobacco)
products and other modern nicotine alternatives.
Section 26: AS 44.29.092 is amended for conformity that, as
with tobacco sales, providing the Dept. of Health and Social
Services the authority to issue citations for violating state
law regarding minors buying, selling or possessing E
cigarette or nicotine products.
Section 27: Is the applicability and effective date, applying
to offenses committed only after the effective date of the
bill, which would be 90 days after the bill is enacted
MR. LAMKIN noted that there is a request for an effective date
on January 1, 2018.
2:39:37 PM
MARGE STONEKING, Executive Director, American Lung Association
in Alaska, testified in support of SB 15. She said e-cigarettes
represent the long evolution of tobacco products in the US. They
are following the same patterns as conventional cigarettes,
particularly relating to youths. Electronic smoking products
have been in this country for about a decade and just three
months ago the surgeon general issued a report that said there
is no safe level of nicotine for youth and that all the same
policies and effective programs that work to reduce the rates of
youth tobacco use should be applied to e-cigarettes and vape
products. That includes retail licensure and underage sales
enforcement, both of which are addressed in this bill, she said.
SB 15 brings electronic vapor products under the very effective
youth tobacco enforcement program. It is one of the most
effective programs in the country with regards to retail
licensure and underage sales enforcement. She clarified that the
surgeon general report is a meta-analysis, which means that any
research that has been done that is related to youth and e-
cigarettes or nicotine use is referenced in the report.
CHAIR COGHILL summarized that the bill would move e-products
behind the counter and provide the same enforcement and sting
capacity as for traditional tobacco products.
MS. STONEKING said that's correct. She added that the underage
tobacco enforcement team conducted a survey of vape shops
regarding underage sales. The survey found that one-third of
vapor retailers around the state are selling to youths and in
Anchorage fifty percent are selling to youth.
CHAIR COGHILL observed that the difference is that someone could
buy vaping products on the internet but not tobacco. He asked if
other states have addressed that issue.
MS. STONEKING said she didn't have conclusive information but it
makes sense to her to clean up what is within Alaska's
jurisdiction first.
CHAIR COGHILL said it may be that having a stamp or endorsement
would be the only management tool.
MS. STONEKING voiced support for taxing the products as a means
of discouraging youth use.
2:44:58 PM
SENATOR COSTELLO asked what her preference is for an effective
date.
MS. STONEKING deferred the question to Joe Darnell.
JOE DARNELL, Investigator, Tobacco Section, Division of
Behavioral Health, Department of Health and Social Services
(DHSS), Anchorage, Alaska, said it doesn't make a difference for
the program he runs but commerce will need time to get the
licensing parts in place. He suggested she ask Angela Birt.
2:46:52 PM
ANGELA BIRT, Chief Investigator, Division of Corporations,
Business and Professional Licensing, Department of Commerce,
Community and Economic Development, Anchorage, Alaska, said it
would be helpful if it were January 1, 2018 to align with the
annual December 31 license renewal date.
2:47:32 PM
CHAIR COGHILL said he would talk to the sponsor about the
effective date. He asked members to submit amendments by
Wednesday next week.
SENATOR COSTELLO asked the sponsor to clarify that advertising
is being addressed at the federal level.
MR. LAMKIN said he understands that the Food and Drug
Administration is working on regulations regarding marketing,
sales, and labeling and intends to align them with tobacco
regulations.
2:48:44 PM
CHAIR COGHILL held SB 15 in committee for further consideration.