Legislature(2017 - 2018)BELTZ 105 (TSBldg)
02/14/2017 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB15 | |
| SB29 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 40 | TELECONFERENCED | |
| *+ | SB 29 | TELECONFERENCED | |
| *+ | SB 15 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR
1:35:39 PM
CHAIR COSTELLO announced the consideration of SB 15, and noted
that the committee heard similar legislation last year.
1:36:05 PM
TIM LAMKIN, Staff, Senator Gary Stevens, introduced SB 15 on
behalf of the sponsor. He gave a slide to show 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 generally not
expensive. Because this industry is relatively new, there is
little conclusive evidence as to their long-term effect on
health. However, he said, it shouldn't take a scientific study
to imagine that regularly inhaling a chemical substance would
not be good for a young person's mind and body. He acknowledged
that some people have found e-cigarettes to be a Godsend in
helping them quit smoking traditional cigarettes.
MR. LAMKIN said 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. He concluded that SB 15 will close
a loophole and prohibit possession and sale of electronic
smoking devices, including component liquid or vapor products to
minors, whether they contain tobacco or nicotine or not. He
noted that the sponsor is working on a committee substitute
(CS).
1:42:33 PM
CHAIR COSTELLO asked Mr. Lamkin to walk through the sectional
analysis.
MR. LAMKIN read the following sectional analysis for SB 15:
Section 1: AS 11.76.105(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.l06(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 11.76.109(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 11.76.109(e) Extends the existing fine of
at least $300 for selling nicotine products to minors,
to include selling e-cigarette products having the
same fine.
Section 9: AS 11.76.109(f) 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,
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.
Section 13: AS 43.70.075(a) amends existing law
requiring a special business license endorsement in
order to lawfully sell tobacco products, by including
the same license endorsement requirements for lawfully
selling e-cigarette or nicotine products.
Section 14: AS 43.70.07S(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.
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."
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-cigarettes 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 e-cigarette or
nicotine products to minors.
Section 24: AS 43.70.075(y) is added for conformity,
linking the definitions of "electronic smoking
products," and distinguishing between traditional
cigarette (tobacco) products and other modem
nicotine alternatives.
Section 25: AS 43.70.105(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 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.
1:48:39 PM
CHAIR COSTELLO asked if the Department of Health and Social
Services' (DHSS) Youth Behavioral Risk Survey has a question
about youth use of e-cigarettes.
ELIZA MUSE, Public Health Specialist II, Division of Public
Health, Department of Health and Social Services (DHSS), advised
that the Youth Behavioral Risk Survey has been asking about the
use of electronic cigarettes since 2015. Results from that
survey indicate that 36 percent of Alaska high school students
have tried electronic cigarettes and 18 percent currently use
them.
SENATOR MEYER questioned the statement that "not all of these
products contain nicotine."
MR. LAMKIN replied many vendors honestly believe their product
does not contain nicotine, even though that has not been proven.
"Labeling is not regulated or not thoroughly regulated and there
are perhaps some questionable practices going on as to that
labeling and marketing," he said.
SENATOR MEYER asked how many states have passed similar
legislation.
MR. LAMKIN said he didn't know the number but a substantial
number of states have severely limited access to these products,
typically related to nicotine content. He noted that the state
of Kentucky was the first to impose such a ban.
SENATOR MEYER asked why the e-cigarette bill didn't pass last
year.
MR. LAMKIN replied it was held up in the Senate Judiciary
Committee for some reason.
1:52:44 PM
SENATOR GARDNER highlighted the American Lung Association report
that said cigarettes contain 600 ingredients that convert to
7,000 different chemicals when burned, 69 of which are deemed
carcinogenic and others poisonous. She asked if nicotine is the
concern or the fact that it is addictive.
MR. LAMKIN replied it is probably a matter of opinion but
regardless, they are not good for youth.
SENATOR GARDNER asked under what conditions a physician might
write a prescription for e-cigarettes, and if the prohibition
against possession applies if the product is provided by a
parent. If a parent gives it to their minor child does he/she
have to keep it at home?
MR. LAMKIN replied the bill provides an option for parents to
give the product to their minor child.
SENATOR GARDNER asked why a physician might prescribe e-
cigarettes.
MR. LAMKIN surmised that it might be used for someone who had
become addicted to nicotine at a young age.
1:56:13 PM
SENATOR HUGHES asked what the U.S. surgeon general is doing to
obtain hard data on these products, what the plan is to correct
inaccurate labeling, and if there is a difference in definition
between tobacco and nicotine.
MR. LAMKIN said this is a relatively new product in the U.S. so
there isn't much data available. It is also a rapidly growing
market with such a variety of products that regulators can't
keep up. He deferred to the state's chief medical officer to
discuss what is being done to study the long-term effects these
products may or may not have on the human body.
1:58:01 PM
At ease
1:58:23 PM
CHAIR COSTELLO reconvened the meeting.
SENATOR HUGHES asked if within a year there might be more
conclusive evidence as to what the best practices should be, and
if the FDA has approved a smoking cessation device that uses
electronic cigarettes.
MR. LAMKIN said the FDA stepped up last summer and defined
electronic products as tobacco products. He opined that the
primary reason for that is that they have at least a trace
amount of addictive nicotine. He said he wasn't speaking for the
FDA, but that agency is actively working on regulations and ways
to address this industry. He added that to his knowledge, the
FDA has not defined e-products as a cessation product.
2:01:02 PM
SENATOR HUGHES related that doctors in a medical clinic in her
district have reported watching teenagers regularly going to a
nearby tobacco/smoke shop. She asked if the sponsor had
considered banning minors from entering tobacco/smoke shops.
MR. LAMKIN replied they are working in that direction, but a
business may conduct more activity than is indicated on the
business license that is filed with the state. This makes it
difficult to enforce these laws. He directed attention to a memo
in the packets from DHSS Investigator Joe Darnell regarding
compliance checks. Minors were successful 26 percent of the time
when they attempted to buy electronic products, whereas they
were successful 9 percent of the time when they tried to buy
tobacco products. "In a nutshell, it's three times easier to get
the e-products than to get a tobacco product."
CHAIR COSTELLO asked Mr. Darnell to discuss the memo he sent.
2:03:45 PM
JOE DARNELL, Investigator IV, Division of Behavioral Health,
Tobacco Youth Education & Enforcement Program, Department of
Health and Social Services (DHSS), stated that the state is
required to enforce underage tobacco laws. Federal block grant
money for substance abuse is tied to that, and the state
anticipates that vaping and electronic nicotine delivery systems
(ENDS) will be added to the federal regulations. In preparation,
last summer DHSS checked vape shops, tobacco shops, and
convenience stores that sell e-cigarettes. The statewide sell
rates were 26 percent for vaping, 9 percent for e-cigarettes,
and 5.4 percent for traditional tobacco products. In Anchorage,
the sell rate of e-liquid to minors was 50 percent compared to a
2.3 percent sell rate for traditional tobacco products.
CHAIR COSTELLO asked what the bill contains regarding marketing
to youth.
MR. LAMKIN said the only marketing provision is conforming
language requiring a vendor who is selling e-products to post a
warning sign near the checkout counter.
2:07:24 PM
CHAIR COSTELLO opened public testimony on SB 15.
2:07:51 PM
ALYSSA KEILL, representing herself, Fairbanks, Alaska, testified
in support of SB 15. She is a youth swim coach who finds e-
products scary. Little is known about them, yet they are
marketed as safe and harmless. She pointed out that young brains
continue to develop into the 20s and the introduction of any
addictive drug will change the brain's wiring and potentially
affect other body systems. If poor air quality in a swimming
pool building can cause problems for kids' respiratory systems,
she can't imagine supporting easy access to a smoking device
that could keep youth from reaching their goals. She said these
products are marketed to youth and she believes that selling
them to youth even though they might not contain nicotine, would
still convey the message that smoking is acceptable.
2:10:31 PM
KATIE STEFFENS, representing herself, Anchorage, Alaska,
testified in support of SB 15. She said e-products are
increasingly popular and are being tailored to kids. She opined
that SB 15 will help decrease the use rates of teens in the
Anchorage community. She emphasized that more regulation is
needed. She maintained that the fact that 36 percent of Alaskan
youth have tried these products is reason enough to pass the
bill.
2:12:34 PM
MARGE STONEKING, Executive Director, American Lung Association
of Alaska, testified in support of SB 15. She said this bill and
the regulation of underage sales is an important component of
keeping tobacco and e-cigarettes out of the hands of kids. She
reported that the program that Joe Darnell runs on behalf of the
state has been one of the most effective nationwide in
regulating the use of tobacco by minors. Prior to having a
strong program, about 30 percent of tobacco retailers sold to
minors. Now the noncompliance rate is under 10 percent.
She agreed with earlier testimony that retailers are selling e-
cigarettes to youth at a 30-50 percent rate. She also made the
following points: e-vapor has many of the same nitrosamines that
are found in tobacco smoke; the particulates are potentially
more harmful than tobacco because they are finer; there is
little proof that electronic vapor products contain no nicotine;
the devices are potentially dangerous and may explode when the
batteries are changed; and the flavorings and base fluids are
not approved for inhalation.
MS. STONEKING said e-products were brought to the U.S. about 10
years ago and may have been created as a cessation device.
However, the tobacco industry fought to have e-products
regulated as a tobacco product rather than a cessation device
for medical purposes. That is how these products have been
regulated and the nicotine is derived from tobacco plants.
2:17:45 PM
LARRY TAYLOR, American Lung Association of Alaska, Ketchikan,
Alaska, testified in support of SB 15. He focused on the
substances in e-cigarettes other than tobacco or nicotine and
addressed earlier questions. Regarding use as a cessation
device, he said a U.S. Surgeon General report notes "that
experienced users learn to use e-cigarettes in a way that
increases their exposure to nicotine." Regarding the time before
results are available about the substances contained in e-
cigarettes, he advised that there were 500 brands and 700
flavors of e-cigarettes on the market at the time of the 2016
announcement allowing FDA oversight. Businesses have an
additional two years to apply to stay in the market, so the FDA
won't have a chance to examine all the chemicals until after
that two-year period.
CHAIR COSTELLO asked Mr. Taylor to submit his testimony in
writing.
MR. TAYLOR agreed. Addressing the question about non-nicotine
products in e-cigarettes, he said the organic solvents include
propylene glycol, benzene, and toluene. He related that he
studied organic compounds for 17 years when he worked for the
Municipality of Anchorage as the environmental engineer. He
explained that benzene and toluene, both of which are solvents,
can convert to other organic compounds when they are heated.
2:21:58 PM
CHAIR COSTELLO closed public testimony on SB 15 and held the
bill in committee awaiting a committee substitute.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 29 - Sponsor Statement.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 29 |
| SB 29.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 29 |
| SB 40 - Background IRS.PDF |
SL&C 2/14/2017 1:30:00 PM |
SB 40 |
| SB 40 - Fiscal Note DOLWD-SIF.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 40 |
| SB 40 - Fiscal Note DOLWD-WC.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 40 |
| SB 40 - Opposition Letter - NFIB.PDF |
SL&C 2/14/2017 1:30:00 PM |
SB 40 |
| SB 40 - Sectional Analysis.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 40 |
| SB 40 - Sponsor Statement.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 40 |
| SB 40.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 40 |
| Slide Presentation for SB 40 02.14.17.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 40 |
| SB 15 - Background - E-Cig Fires.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Background - E-Cigarettes Poison the Airways.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Background - E-Cigs AAAS More Dangerous Than Tobacco.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Background - Ecigs DHSS Bulletin.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Background - E-cigs NCSL LegisBrief.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Background - E-Cigs Sales To AK Youth.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Fiscal Note DCCED.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Fiscal Note DHSS.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Fiscal Note DPS.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 - Fiscal Note LAW.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 Sectional Analysis.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15 Sponsor Statement.pdf |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |
| SB 15.PDF |
SL&C 2/14/2017 1:30:00 PM |
SB 15 |