Legislature(2023 - 2024)BARNES 124
03/04/2024 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB289 | |
| SB89 | |
| HB285 | |
| HB203 | |
| HB290 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 203 | TELECONFERENCED | |
| + | SB 89 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 290 | TELECONFERENCED | |
| += | HB 289 | TELECONFERENCED | |
| *+ | HB 285 | TELECONFERENCED | |
SB 89-AGE FOR TOBACCO/NICOTINE/E-CIG; TAX E-CIG
3:21:10 PM
CHAIR SUMNER announced that the next order of business would be
CS FOR SENATE BILL NO. 89(FIN), "An Act relating to tobacco,
tobacco products, electronic smoking products, nicotine, and
products containing nicotine; raising the minimum age to
purchase, exchange, or possess tobacco, a product containing
nicotine, or an electronic smoking product; relating to the
tobacco use education and cessation fund; relating to the
taxation of electronic smoking products and vapor products; and
providing for an effective date."
3:23:46 PM
SENATOR GARY STEVENS, Alaska State Legislature, as prime
sponsor, presented CSSB 89(L&C). He paraphrase the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
Senate Bill 89 proposes two key policies: 1) to align
state law with federal law in raising the minimum age
to buy, sell or possess tobacco and electronic smoking
products (ESP's) from age 19 to 21; and 2) to
establish a sales tax for ESP's.
In December 2019, Congress passed and the President
signed into law a provision raising the age of sale
for all tobacco, nicotine and ESP products to age 21
nationally *with no exceptions*.
Preventing illegal vendor sales is a critical part of
the overall effort to prevent and reduce youth
smoking. Alaska has an active underage sales
enforcement program which has been effective in
reducing sales of smoking products to minors. Updating
Alaska statutes from 19 to 21 to mirror the federal
minimum age of sale of these products will allow our
state enforcement program to be effective.
The latest "Tobacco Facts 2022 Update" issued by the
Alaska Dept. of Health, Division of Public Health
shows an increasing trend among young Alaskans in high
school, indicating 26% of the statewide population as
active users of ESPs in 2019 alone, and 46% of
students having "tried" ESPs. Those statewide figures,
along with national ones, are projected to have grown
substantially since then.
Despite claims that e-cigarettes help adults quit
smoking, or offer adults a "safe" alternative to
smoking tobacco, ESPs are under-regulated and have not
been found by the Food and Drug Administration (FDA)
to be effective in helping smokers actually quit, let
alone to be legitimately "safe." Nearly all e-
cigarettes contain some amount of nicotine, and some
contain as much or more nicotine as a pack of
cigarettes. It is not yet known with any certainty
what other compounds these vapor products are
delivering into users' airways, let alone the long-
term effect these products have on human health.
Meanwhile, taxes have been proven to reduce youth
tobacco use, resulting in fewer kids becoming life-
long smokers, and thus ultimately reducing healthcare
costs. In addition to deterring kids from beginning to
use these products, taxes help adults who actually
want to quit, do so.
Thank you for your consideration of this important
piece of legislation.
3:27:03 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, gave a PowerPoint presentation, entitled "Senate
Bill 89 Restricting Youth Access To Tobacco and E-Cigarettes,"
on behalf of Senator Stevens, prime sponsor. He began on slide
2, which featured prominent e-cigarette marketing that
predominantly targets youth. He noted that to date, e-cigarette
marketing has gone unregulated. Slide 3 displayed examples of
e-cigarette marketing on social media sites like Instagram and
YouTube. Slide 4 showed photos of e-cigarette confiscations
from Alaska schools. School administrators have reported that
the problem is increasing and pervasive. He said smoking is
happening in bathrooms, school buses, and even classrooms
themselves due to the discrete nature of the devices. Slide 5
featured examples of various disposable vaping products and
pricing. He concluded on slide 6, which showed a photo of the
infamous "Waxman Hearings" in which CEOs of the major U.S.
cigarette manufacturers appeared before Congress and swore under
oath that their products were neither addictive nor harmful to
human health.
3:33:11 PM
The committee took a brief at-ease at 3:33 a.m.
3:34:27 PM
CHAIR SUMNER opened invited testimony on CSSB 89(L&C).
3:35:25 PM
APRIL SCOTT, Administrator, West Valley High School, gave
invited testimony on CSSB 89(L&C). She emphasized the
pervasiveness of e-cigarettes and characterized the ease at
which students can obtain these devices as embarrassing and
scary. She expressed concern about the addictive nature of e-
cigarettes and pointed out the nicotine devices are
interchangeable with tetrahydrocannabinol (THC) liquid. She
added that kids would be expelled if progressive discipline
tactics were implemented because of the frequency of use. She
implored the committee to help fix this issue even if it's not
with SB 89.
3:40:49 PM
LENA EDAIS, Student, Diamond High School, gave invited testimony
on CSSB 89(L&C). She shared a personal anecdote about her
experience at Diamond High School and how it has been affected
by peer e-cigarette use. She noted the addictive nature and
accessibility of these devices. She said raising the age limit
and adding a tax would lower the accessibility of these products
resulting in fewer kids becoming addicted to e-cigarettes. She
said she's seen e-cigarettes be a gateway to other substances
and asked the committee members to do their part.
3:46:24 PM
LEON BRIDGES, General, National Guard Bureau, gave invited
testimony on CSSB 89(L&C). He said he supports the bill to keep
the U.S. military in Alaska from working in contrary to federal
requirements and prohibiting members from procuring tobacco
products on military bases under the age of 21. He highlighted
the health and societal concerns that are directly linked to
smoking and reiterated his support for the bill.
3:48:00 PM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Alaska Court System (ACS), informed the committee that
she was available for questions pertaining to enforcement.
3:48:41 PM
REPRESENTATIVE SADDLER asked Ms. Meade how important it is for
the Department of Law (DOL) to enforce tobacco age limits.
MS. MEADE reported that the number of cases pertaining to
tobacco possession by minors ranges from 30-80 per year, which
does not have a significant impact on the court's caseload.
REPRESENTATIVE SADDLER asked whether law enforcement would
tackle [tobacco and e-cigarettes] similar to other illegal
substances by going after suppliers.
MS. MEADE clarified that the court system is the "end of the
road." She said the bill includes provisions that allow the
issuance of citations to those who negligently sell nicotine or
vape products to minors.
TIM LAMKIN added that the bill would apply existing law on
tobacco and cigarettes to e-cigarettes as well.
3:51:24 PM
CHAIR SUMNER announced that CSSB 89(L&C) would be held over.