Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/07/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB180 | |
| SB141 | |
| SB174 | |
| SB103 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 141 | TELECONFERENCED | |
| + | SB 103 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 174 | TELECONFERENCED | |
| += | SB 180 | TELECONFERENCED | |
SB 141-E-CIGS: SALE TO AND POSSESSION BY MINOR
1:40:24 PM
CHAIR MCGUIRE announced the consideration of SB 141. She asked
if version P needed to be adopted.
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, said version P passed from the Senate Labor and
Commerce Committee and is identical to version I. [Version I was
before the committee.]
SENATOR GARY STEVENS, Alaska State Legislature, sponsor of SB
141, began by describing what the bill is not. He stated that
the bill is not a tax and does not restrict adults from smoking
e-cigarettes or tobacco. The bill applies to youth - minors
under 19 - and requires that e-cigarettes and its components be
treated like tobacco. The bill requires a business license
endorsement, relates to vending machines, and keeps exemptions
for e-cigarettes in place for medical use.
1:42:15 PM
SENATOR MICCICHE requested clarification of the age the bill
applies to.
SENATOR STEVENS said it only applies to minors under 19 years of
age.
CHAIR MCGUIRE clarified that the reason behind that age
requirement is because smoking falls under the Commerce Clause,
as opposed to First Amendment rights.
MR. LAMKIN showed a slide presentation on "Kids are Fast
Learners" that dealt with how e-cigarettes and vaping affect
Alaska's youth. He said there are hundreds of smoking products,
but no conclusive evidence about long-term health effects. He
debunked the idea that e-cigarettes will help people quit
smoking, except possibly for adult smokers.
MR. LAMKIN addressed the limit of personal freedoms for youth.
He listed things that are banned from youth. He said it is not
known whether vaping and e-cigarettes are healthier than
smoking. He questioned the health advantages of e-cigarettes
over cigarettes and maintained that they are chemical products
and often contain nicotine. He concluded that the bill is about
long-term health for youth and restricting access to electronic
smoking products in the same manner as youth are restricted from
tobacco products.
1:47:14 PM
MR. LAMKIN explained that the bill proposes to add electronic
smoking products (ESPs) to existing law that prohibits minors
from possessing tobacco. It also proposes to hold the industry
and consumers accountable for selling and possessing ESPs, in
order to protect young people.
1:48:21 PM
CHAIR MCGUIRE stated that nothing in the bill applies to adults
age 20 and older.
MR. LAMKIN agreed.
CHAIR MCGUIRE asked if there are any exceptions to the addition
of e-products to provisions in existing law regarding minors
possessing tobacco or cigarettes.
MR. LAMKIN said no. He noted the policy call regarding whether
an e-cigarette suspension should also result in a suspension in
the ability to sell tobacco products.
CHAIR MCGUIRE asked what happens when an alcohol vendor receives
an alcohol violation and they also sell tobacco products.
MR. LAMKIN said it is not the intent of the bill to suspend the
vendor from the ability to sell an unrelated product.
1:50:58 PM
CHAIR MCGUIRE listed teleconference resources available from
various entities regarding SB 141.
1:51:39 PM
MR. LAMKIN explained the sections of version I:
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 11.76.107(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 3: AS 11.76.109(a) Adds to existing law that a
minor may not sell tobacco or nicotine products, nor
sell electronic cigarettes, or any related component
thereof.
1:52:18 PM
SENATOR WIELECHOWSKI inquired if the bill bans the selling of
non-nicotine e-cigarettes to children.
MR. LAMKIN said that the intent is to include all components of
electronic paraphernalia.
Section 4: AS 11.76.109(b) Provides an exception for
persons to sell or give E-cigarettes to a minor,
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.
1:53:19 PM
SENATOR MICCICHE questioned a part of Section 4, lines 21-23,
and asked if it is legal for a parent or guardian to give
someone under 19 an electronic cigarette.
MR. LAMKIN offered his understanding that there were legitimate
means for a parent or guardian to provide their child or
dependent with this product, such as for a prescribed medical
purpose.
SENATOR MICCICHE highlighted that subparagraph (B) provides four
instances of when that can happen, just like the old legislation
did for nicotine products.
MR. LAMKIN said he'd inquire why it was drafted this way; the
intent is to allow legitimate access to these products.
CHAIR MCGUIRE requested a follow up of that intent.
1:55:24 PM
MR. LAMKIN continued:
Section 5: 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.
He noted he is not aware of any existing vending machines.
Section 6: AS 11.81.900(b) Makes new definition for
"electronic smoking product," summarized as follows:
(67) a device designed to aerosolize and inhale
nicotine, a synthetic of nicotine, or other a
potentially hazardous substance that "may have an
adverse effect" on the person inhaling it.
He called Section 6 the cornerstone of the bill. The "adverse
effect" component was gleaned from the FDA.
1:56:45 PM
SENATOR WIELECHOWSKI asked if it applies to a substance in a
bottle without nicotine.
MR. LAMKIN said the key is whether it would have an adverse
effect on minors' health. He added that currently there is not
enough data to know.
SENATOR WIELECHOWSKI restated the question asking whether
someone under 19 could use an e-cigarette that did not contain
nicotine. He opined that it appears to be permitted in the bill.
MR. LAMKIN responded that it was not the intent. There is no
proof of product content yet, due to lack of labeling
requirements.
SENATOR WIELECHOWSKI recalled seeing bottles with various
strength of nicotine, including zero nicotine. He asked Mr.
Lamkin to look into it.
1:58:12 PM
SENATOR MICCICHE responded that it seems like in Section 6,
(67)(A)(ii), products that don't contain nicotine are covered.
MR. LAMKIN agreed.
CHAIR MCGUIRE opined that the language on page 4, lines 14-16,
appear to address the content and potential health issues of a
person inhaling from the device.
1:59:23 PM
MR. LAMKIN continued:
Section 7: 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 8: 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 licensing requirements for lawfully selling
E-cigarette or nicotine products.
CHAIR MCGUIRE asked if that was currently not required.
MR. LAMKIN confirmed it wasn't.
SENATOR WIELECHOWSKI asked about the rationale for changing
"tobacco" to "business license" in Section 7, page 4, line 31.
MR. LAMKIN explained that the bill does not define any ESP as a
tobacco product. They want vendors selling ESPs to have an
endorsement for enforcement purposes. It would put an umbrella
over those selling tobacco products and ESPs.
CHAIR MCGUIRE anticipated that the Department of Commerce,
Community and Economic Development would later define that
endorsement.
MR. LAMKIN agreed.
2:01:30 PM
CHAIR MCGUIRE questioned why "tobacco" is replaced with
"business license" instead of adding "e-cigarette," by "tobacco
endorsement." She wondered if that would inadvertently be
broadening the underlying tobacco statute by changing it to
"business license."
MR. LAMKIN said it was a legal drafting choice and the intent is
to put an umbrella over both tobacco and ESP products. He said
they don't want to separate the two because it would require a
second endorsement. He summarized that if a business already has
a tobacco endorsement, it would automatically have the ESP
endorsement.
2:02:45 PM
SENATOR MICCICHE noted that AS 43.70.075 is the ESP endorsement;
it adds ESP to existing law.
MR. LAMKIN continued:
Section 9: 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.
Section 10: 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."
He noted the department is required to provide the signage to
the vendor and has designed a PDF version of the sign so the
vendor can print it off on their own, resulting in nearly zero
fiscal impact to the state.
SENATOR COGHILL asked whether nicotine cigarettes are currently
prescribed to minors.
MR. LAMKIN said they may be. He deferred to the department to
answer, but thought the prescriptions might be targeted for kids
addicted to nicotine.
2:05:18 PM
SENATOR MICCICHE referred to page 3 where it addresses existing
prescriptions for smoking cessation or harm reduction.
MR. LAMKIN continued:
Section 11: AS 43.70.07(i) amends existing enforcement
provisions that, as with tobacco sales, to allow the
State to seize a vendors' business license endorsement
and E-cigarette or nicotine products in the event of
such products being sold to minors.
Section 12: 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 13 through Sections 18: 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 19: AS 43.70.075(y) is added for consistency,
linking the definitions of "electronic smoking
products," and distinguishing between traditional
cigarette (tobacco) products and other modern nicotine
alternatives.
Section 20: 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 21: 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 22: 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.
2:08:00 PM
SENATOR MICCICHE said he is struggling with Section 4, page 3,
lines 4-19, where it says the product is expected to be consumed
without combustion. He concluded that meant smoking cessation
products.
MR. LAMKIN said he would have to check with the bill drafter. He
noted on page 2, lines 21-31, through page 3, line 3, are
identical to Senator Micciche's reference on page 3. The first
part focuses on ESPs and the second reference is focused on all
other nicotine products. It was the drafter's choice to separate
them.
SENATOR MICCICHE suggested "a product containing nicotine or an
electronic smoking product" would be better and to not include
the new section. He said the new section opens up the
distribution of electronic smoking products by a parent and it
seems to need a qualifier.
MR. LAMKIN offered to look into it and report back to the
committee.
2:10:31 PM
CHAIR MCGUIRE asked how marijuana is dealt with in this
legislation.
MR. LAMKIN replied the bill does not deal with marijuana. He
pointed out that some products, depending on the chemical
components, are odorless, tasteless, vaporless, smokeless, and
undetectable. He understood they could include THC capsules. He
reiterated that marijuana does not apply to the bill.
CHAIR MCGUIRE thought that concern would come before the
regulatory board.
CHAIR MCGUIRE opened public testimony.
2:12:50 PM
ASHLEY STRAUCH, representing herself, testified in support of SB
141. She voiced concern about e-cigarette sales and usage by
minors. She shared that currently 18 percent of youth are using
e-cigarettes. She warned of the chemicals and nicotine in e-
cigarettes. She noted that 900 youth in Alaska became tobacco
users. She spoke in favor of strongly regulating e-cigarettes.
She said Alaska has made great strides in getting youth to quit
smoking and not become new users. She urged caution when
regulating e-cigarettes.
2:15:05 PM
OCTAVIA HARRIS, representing herself, testified in support of SB
141. She said the bill requires e-cigarette vendors to be
subject to under-age sales enforcement and have an endorsement.
She said, as a mother of two boys, she likes that it also
provides a clear message to youth that vaping is dangerous and
illegal.
2:16:13 PM
STEVE MAPES, Business Owner, testified in support of SB 141. He
said he has been working to keep youth from nicotine products.
He said his store checks IDs and refuse to sell to those under
19. He opined that there is a problem with the bill in that the
vaping industry is very different than the tobacco industry. He
did not feel the two should be tied together for an endorsement.
He maintained that the vaping industry helps people stop
smoking. He asked the sponsor to consider all the research done
on e-cigarettes as a smoking reduction tool. He believed the
vaping industry needs its own endorsement and said to let vaping
products be available to adults.
2:18:53 PM
CHAIR MCGUIRE noted the bill deals only with youth.
2:19:05 PM
ASHLEY PELTIER, representing herself, testified in support of SB
141. She echoed the sentiments of the Fairbanks testifiers. She
questioned the provision in Section 4 regarding allowing e-
cigarettes to be prescribed by a health care professional and
given to a minor by their parents. She said those devices are
not FDA approved and are not an FDA approved cessation device.
The seven FDA approved cessation medications are not approved
for use by anyone under 18.
2:20:35 PM
ANGELA CARROLL, Member, Smoke Free Alternative Trade
Association, testified in support of SB 141. She said her
organization is in full agreement with age restrictions on
electronic nicotine delivery systems. She requested that a
separate endorsement for electronic nicotine delivery systems be
enacted. She suggested some improvements to the bill. She noted
that pawn shops can sell ESP devices to anyone. She said her
association would like to see any business that wishes to sell
electronic nicotine delivery system devices be included as a
separate industry from the tobacco industry.
2:22:24 PM
GEORGE STEWART, representing himself, testified in support of SB
141. He spoke as a retired medical doctor and noted that there
are medical problems associated with ESPs, and their use by
young people should be banned. It is not known what the chemical
content of ESPs is because they are not labeled. He said in
Alaska e-cigarettes are being marketed to teens. He listed the
contents in the fumes. He opined that there is a higher risk of
youth becoming smokers as adults due to vaping first.
2:24:26 PM
KATIE STEFFENS, representing herself, testified in support of SB
141. She said ESPs are targeted to kids similar to the way
tobacco companies targeted them decades ago. ESPs are not risk-
free products for youth. She encouraged passage of SB 141 in
order to support the health of Alaska's youth.
2:25:18 PM
AMANDA LENNARD, representing herself, testified in support of SB
141. She said she supports enforcing the legal purchase age of
19 for ESPs and licensing of shops that sell those products. It
is important to reduce the accessibility of these products to
youth and prevent the increase in cigarette use by teens.
2:26:19 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society Action Network, testified in support of SB 141.
She addressed a problem of lack of enforcement ability during
compliance checks of vendors. Compliance has gone up due to
placing suspensions on business license endorsements for tobacco
sales to youth.
CHAIR MCGUIRE requested a history of tobacco cessation efforts
and current youth smoking rates.
MS. NENON related that there is a 70 percent decline in smoking
rates by youth in the last 20 years. However, there are 18
percent more high school students using electronic products. She
noted that high school students were more likely to smoke
cigarettes if they had used e-cigarettes. She reported that when
the FDA took over the regulation of tobacco products in 2010, e-
cigarette vendors went to court and demanded that e-cigarettes
be treated as tobacco products instead of as a drug-delivery
device. The vendors won and their products are being regulated
as tobacco products under federal law.
CHAIR MCGUIRE thanked Ms. Nenon for all her work in preventing
kids from becoming addicted to nicotine.
CHAIR MCGUIRE closed public testimony and held SB 141 in
committee.