Legislature(2013 - 2014)BUTROVICH 205
04/03/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR25 | |
| SB209 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 25 | TELECONFERENCED | |
| *+ | SB 209 | TELECONFERENCED | |
| + | HB 366 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 209-REGULATION OF SMOKING
9:25:06 AM
CHAIR DYSON announced that SB 209 was before the committee. He
remarked about the gratifying amount of public interest in the
bill. He recounted that his office had received communications
from his constituents with over 80 percent in favor of the
committee doing something. He noted that the sponsor's office
has offered an amendment to the bill.
9:26:29 AM
SENATOR PETER MICCICHE, Alaska State Legislature, Juneau,
Alaska, provided a sponsor statement as follows:
SB 209 will provide a smoke-free environment for most
employees in Alaska. Secondhand smoke kills more
people in the U.S. than automobile accidents, many
times more in fact in our great state of Alaska. We
are fortunate here in the Capitol to be spared from
that exposure and that makes it easy to forget the
large number of Alaskans that may still be subject to
secondhand smoke at their workplace. This bill
corrects that inequity, but the bill doesn't subtract
from the rights of smokers for their right to choose
their own path, it simply protects the rights of non-
smokers from the choices of others while they are at
the workplace. We have heard staggering statistics
about the repercussions of the exposure to secondhand
smoke and we have got experts here that will go over
some of those, but please remember that secondhand
smoke kills five times more people in the U.S. each
year than drunk driving and many more than all of the
combined highway fatalities. I find it remarkable and
it is the reason I feel like it is worthy of having
this discussion.
So, Mr. Chairman, you probably have figured out in our
short relationship that I am a smaller government sort
of guy. You might be wondering why I am willing to
sponsor this bill in recognition of my aversion to any
unreasonable government intervention in our personal
lives; but it wasn't an easy decision for me, but I
have arrived there due to several reasons, it passed
my litmus test of whether or not it fits into the
appropriate role of government.
9:28:03 AM
SENATOR MICCICHE explained why he was bringing the bill forward
as follows:
First, it's a public health issue. Just as it is
appropriate for government to set safety standards in
automobiles, electrical codes for wiring, and
requirements for infant and child carrier seats.
Whether or not it's appropriate for the state to
require safe working conditions free of secondhand
smoke is the discussion here, public safety.
Second, the cost of treating many of the diseases
caused by secondhand smoke are tremendous. Many of
those costs are borne by state government and
therefore it is fiscally responsible to take action to
eliminate the cause of these expenses.
Third, many communities and boroughs lack jurisdiction
from passing such a local ordinance, just due to their
lack of jurisdiction. In most of those cases we serve
as the assembly of the Unorganized Borough or we
provide that jurisdiction. Those places like Fairbanks
Northstar, Mat-Su, and my home borough, Kenai
Peninsula.
Finally, for me it's a personal issue and as you know,
less than two years ago when I was mayor of Soldotna,
the Smoke Free Alliance came to me and they talked
about my dad. My dad was on oxygen the last 12 years
of his life and I am going to e-mail this committee
the ad later; it's my father talking about what they
didn't know when he was young and how it resulted in
adverse effects to his life. My 5 year old at the
time, Sophia, who is now 7, says, 'I am glad you are
here, I don't ever want to be without my Grandpa.' I
know where my father is spiritually right now, but
materially he lives in a little gold box in my office,
you come down and visit his cremains if you'd like, he
didn't make it more than a year and half after that.
My father made his personal choices, but my siblings
and I didn't. The effects of secondhand smoke, I am
the lucky one, of the other three, they all had
respiratory issues through living through secondhand
smoke effects.
9:30:16 AM
SENATOR MICCICHE said he will speak to the committee substitute
(CS) and address the changes.
CHAIR DYSON asked which version of the bill should be before the
committee.
SENATOR MICCICHE answered version C.
CHAIR DYSON asked if Senator Micciche would like the committee
to adopt the CS.
SENATOR MICCICHE answered yes.
CHAIR DYSON asked Senator Micciche first to explain what the
bill accomplishes and then the changes made in the CS.
SENATOR MICCICHE described SB 209 as follows:
The bill essentially bans smoking in most workplaces
in the state, it provides exemptions from employer-
approved outside areas away from doors, windows and
other ventilation systems. The bill does not ban
smoking, it does not ban the use of e-cigarettes, they
can continue to be used in the areas regular smoking
will be allowed; this is important because you are
likely to hear several 'e-cigarette' folks testify
against the bill, claiming that it will ban e-
cigarettes, it doesn't, it just asks you to take it
outside. The bill doesn't require employers to hire or
not hire employees because they do or do not smoke, it
doesn't prohibit employers from having stronger
restrictions such as a hospital with a smoke-free
campus, and it does not prohibit local governments
from adopting stronger restrictions.
9:32:57 AM
SENATOR MICCICHE addressed the CS and noted receiving a video
from constituents who did not speak against the bill, but
strictly against the smoking ban in standalone tobacco shops. He
explained that standalone tobacco shops are places where smokers
come to smoke responsibility and noted that children are not
allowed to enter. He asserted that standalone tobacco shops do
not affect other people and are a worthy exemption.
He explained that the other change allows a municipality or
borough, through a local election, to exempt itself from all or
part of the law. He cited his background as a former mayor to
allow local control. He said if residents of a community decide
that smoke-free workplaces are not for them, they can exempt
themselves. He called attention to smoke-free communities that
passed the law and liked it: Anchorage, Bethel, Juneau, and
Palmer. He said half of the people in Alaska currently live
under a similar law. He noted a local election in Anchorage that
tried to overturn the smoke-free law and failed.
He summarized that 400 Alaskan businesses and organizations
representing all regions of the state have already signed on in
support of a statewide smoke-free workplace law. He referenced a
large amount of letters and e-mails in support of SB 209.
9:34:55 AM
CHAIR DYSON stated that his reason for asking Senator Micciche
to explain the changes before the committee adopted the CS was
to make sure Senator Micciche did not feel like he had to make
some compromise to get past the committee. He asserted that he
can speak confidently for his colleague that the CS is pretty
fair. He encouraged Senator Micciche to not make changes for
expedient reasons. He set forth that the committee will adopt
the CS if Senator Micciche feels that the changes are good
policy.
SENATOR MICCICHE replied that the changes are based on a
discussion that involved statewide stakeholders on contributing
to good government. He asserted that the changes are reasonable
and make SB 209 a better bill.
CHAIR DYSON recalled a previous discussion with Senator Micciche
that a significant reason for the bill was based on the
Unorganized and Second Class boroughs not having the authority
to enact a smoke-free law.
SENATOR MICCICHE answered correct. He explained that many of
Alaska's Second Class Boroughs and the Unorganized Borough do
not have the jurisdiction for certain legal power and one of
them is health. He said SB 209 allows these boroughs to have
health in their jurisdiction.
9:36:44 AM
CHAIR DYSON asked what the process is for an unorganized area to
opt-out.
SENATOR MICCICHE replied that opting out would be more difficult
because the Alaska Legislature serves as the assembly for the
Unorganized Borough. He surmised that the Unorganized Borough
would have to work through the Alaska Legislature and request an
opt-out after a vote.
9:37:26 AM
CHAIR DYSON asked if there was any objection to accepting the CS
as the working document. Finding no objection, he announced that
version C is the working document.
SENATOR GIESSEL asked for an explanation of the changes made in
version C.
SENATOR MICCICHE answered that the first change allows an opt-
out option and the second removes standalone tobacco-only shops
from jurisdiction.
CHAIR DYSON asked Senator Giessel if she was comfortable with
the CS.
SENATOR GIESSEL answered yes.
CHAIR DYSON opened public testimony.
9:40:00 AM
MARGE STONEKING, Alaska Director, American Lung Association
(ALA), Anchorage, Alaska, said she also is testifying on behalf
of the American Heart Association, American Cancer Society,
American Association of Retired Persons (AARP) Alaska, and the
Alaska Native Health Board. She stated that each organization
represents thousands of Alaskans on the issue of smoke-free air.
She said the organizations that she is testifying on behalf of
support SB 209 prior to the CS. She specified support for the
standalone tobacco shop and opposition for the opt-out
provision. She explained that the Lung Association's mission is
to save lives by improving lung health in preventing lung
disease. She pointed out the need to prevent the indoor-use of
e-cigarettes as well.
9:42:43 AM
DR. ROBERT URATA, M.D., volunteer, American Heart Association
(AHA), Juneau, Alaska, noted that he is a family physician and
has practiced medicine since 1984. He noted that he has been an
AHA volunteer for the past 12 years. He stated that he is in
support of SB 209 and supports the inclusion of e-cigarettes in
the bill. He addressed the health problems with smoking and
pointed out that passive smoking can cause up to 50,000 deaths a
year in the U.S. He stated that even brief secondhand smoke
exposure can cause immediate and adverse effects such as a heart
attack. He pointed out that Pueblo, Colorado studied the effects
of smoke-free ordinances and noted an increase in food and
beverage (F&B) sales along with a reduction in heart attacks. He
noted an Institute of Social and Economic Research (ISER) report
on the business impact from a smoke-free indoor ordinance in
Anchorage that showed an increase in F&B business. He said only
half of the Alaska population is covered by smoke-free workplace
law due to jurisdictional issues and that is the reason for a
request that state law provide protection. He said that e-
cigarettes should be included in SB 209 and provided scientific
evidence. He summarized that SB 209 will improve the health and
safety of all Alaskans, both present and future generations.
9:46:18 AM
ANGELA CARROLL, owner, Glacier Vapors, Palmer, Alaska, asked if
the vapor or "vape" shops will be included in the opt-out option
with the tobacco shops. She noted that vape shops typically get
included with tobacco and vape shops are not tobacco.
CHAIR DYSON stated that his guess is that vape shops are not
included. He said the committee will have the sponsor speak to
Ms. Carroll's question.
MS. CARROLL noted that the use of e-cigarettes was a way to
reduce nicotine intake.
9:49:50 AM
BRIAN CATON, owner, Northern Lights Vapor Company, Anchorage,
Alaska, asked that SB 209 be amended to include an exemption for
standalone vapor shops as well as standalone tobacco shops. He
pointed out that standalone vapor shops abide by the same
criteria as tobacco shops where no minors are present and
individuals enter of their own volition.
ISAAC HOWELL, owner, Cold Vapes 907, Anchorage, Alaska, stated
that standalone vape shops should be exempted. He noted that bar
owners enjoy having people being able to come in and "vape" who
normally would not come into bars.
CHAIR DYSON noted that he is hearing the word "vape" for the
first time. He surmised that the term "vape" means an
establishment that dispenses e-cigarettes.
9:52:56 AM
LARRY HACKENMILLER, representative, Interior Cabaret, Hotel,
Restaurant & Retailers Association (ICHARR), Fairbanks, Alaska,
refuted the scientific claims made against secondhand smoke. He
noted that Fairbanks turned down an indoor smoking ban because
85 percent of restaurants were already non-smoking. He
summarized that Fairbanks is a First Class city that decided
that there were enough choices for non-smokers. He claimed that
there is no hazard from secondhand smoke in the workplace.
9:55:54 AM
JILL LEWIS, Deputy Director, Alaska Department of Health and
Social Services (DHSS), Division of Public Health (DPH), Juneau,
Alaska, stated that she was at the meeting to address questions
that pertained to public health. She called attention to AS
18.35.356, the "public education piece." She noted that AS
18.35.356 is addressed in the bill's original version on page 6,
page 7 in the CS.
SENATOR WIELECHOWSKI asked if the Administration supports the
bill.
MS. LEWIS answered that the Administration has not taken a
position.
SENATOR GIESSEL asked if the noted activities are things DHSS-
DPH is already doing: education programs, electronically
published printable-brochure, etc.
MS. LEWIS answered that to a large extent, the activities are
things that are being done currently by the grantees that DHSS-
DPH have that already work in the Tobacco Prevention and Control
Program and SB 209 would further expand the activities. She
noted that the current activities are locally focused and local
communities adopting smoke-free policies would be statewide
oriented.
9:57:27 AM
CHAIR DYSON noted that finance and dollars are not Ms. Lewis'
direct responsibility. He asked if she has any sense of what the
public health benefit and the impact on public health cost might
be.
MS. LEWIS answered that DHSS-DPH has an indeterminate fiscal
note at this time. She explained that DHSS-DPH thinks that most
of the public education could probably be absorbed within the
department's existing budgets. She said the signage could become
an expense depending on what that turns out to be and that is
not clear at this time. She pointed out that the enforcement
activities at this time are listed as being under DHSS-DPH's
responsibility. She stated that DHSS-DPH currently does not have
the infrastructure or systems for enforcement. She said DHSS-DPH
would need more information to understand what enforcement would
entail.
SENATOR WIELECHOWSKI noted that the previous testifier said he
did to believe secondhand smoke caused any injuries. He asked if
Ms. Lewis agreed with the previous statement and, if not, if she
have a sense of how much secondhand smoke costs the State of
Alaska in terms of Medicaid expenditures or other expenditures.
MS. LEWIS answered that she did not have information on the
Medicaid program costs at this time. She said DHSS-DPH has long
said that secondhand smoke is dangerous.
SENATOR WIELECHOWSKI asked if she had any rough estimates of
what secondhand smoke might be costing the state.
MS. LEWIS answered that she will present information to the
committee at a later date.
CHAIR DYSON asked how the non-smoking ordinances are currently
enforced and who goes around to check up on compliance.
MS. LEWIS answered the Alaska Department of Environmental
Conservation (DEC).
CHAIR DYSON asked how DEC enforces the ordinances.
MS. LEWIS replied that she would have to defer to DEC to address
enforcement questions.
10:00:24 AM
SENATOR WIELECHOWSKI asked how many citations or infractions
have been alleged against people or businesses in Anchorage or
other communities.
MS. LEWIS answered that none have been given.
CHAIR DYSON admitted to the difficulty in quantifying the impact
from secondhand smoke. He remarked that the whole premise that
legislators are working on banning smoking and banning smoking
in the workplace is better for people's health. He added that
banning smoking is going to diminish the cost to the public
coffers significantly if not profoundly over time. He said the
offset of banning smoking is how much money will be required to
have somebody running around to make sure the ban is complied
with. He surmised that non-smoking compliance was largely self-
policed.
10:02:00 AM
TERRY SNYDER, Mat-Su Coordinator, American Cancer Society Cancer
Action Network, Palmer, Alaska, proclaimed that there is huge
support for SB 209 by the Mat-Su from both businesses and
individuals. She referenced a letter from the Greater Palmer
Chamber of Commerce that supports SB 209. She detailed that
voters in Palmer passed a 2011 ballot initiative that made
smoking in public places within the city limits a violation. She
noted that the initiative was enacted by Palmer in 2012. She
said Palmer businesses were polled and an increase in commerce
and a more positive community outlook was noted due to the
smoke-free ordinance.
CHAIR DYSON asked what the current enforcement for non-smoking
areas is and what would the impact be for extending virtual
statewide enforcement.
10:05:40 AM
ELAINE BUSSE FLOYD, Director, Division of Environmental Health,
Alaska Department of Environmental Conservation, Anchorage,
Alaska, responded that enforcement is a little bit difficult for
DEC due to the offense's nature. She noted that DEC does not
have citation issuing ability and a peace officer is required to
actually observe the smoker or violator and then be able to
issue a citation. She explained that DEC educates the public and
informs affected business operators about their legal obligation
to display signs. She added that DEC inspects public facilities
and restaurants, offers signs, notifies the person in charge on
requirements, and records any failure on inspection reports.
CHAIR DYSON noted Senator Wielechowski's question regarding the
amount of citations that have been issued or actions taken
against violators and asked particularly about Anchorage.
MS. BUSSE FLOYD answered that she does not have an answer.
CHAIR DYSON asked if she was aware of any citations that were
issued.
MS. BUSSE FLOYD answered that citations are enforced in small
claims court.
CHAIR DYSON asked if the non-smoking violation was a civil
action.
MS. BUSSE FLOYD answered yes.
CHAIR DYSON asked if the citation is initiated by a citizen who
has skin-in-the-game and is demanding compliance.
MS. BUSSE FLOYD answered correct. She explained that DEC
currently enforces the law as an education process on
compliance. She summarized that public pressure and awareness
brings about the compliance.
10:09:04 AM
PHIL WELSH, Administrator, Sitka Pioneer Home, Alaska Pioneer
Homes (APH), Alaska Department of Health and Social Services,
Sitka, Alaska, introduced himself.
SENATOR GIESSEL asked if APH will be included in the prohibition
and if there will be an issue with residents.
MR. WELSH answered that there are a few smokers at each APH
home. He said the greatest effect from the bill will be the
required distance away from the homes.
10:11:18 AM
CHAIR DYSON asked if he currently has the authority to protect
the APH's guests, clients, and patients from secondhand smoke.
MR. WELSH replied that APH has had no policy about prohibiting
smoking. He said the feeling is that there are appropriate safe
guards in place at this time.
CHAIR DYSON asked if there are any APH homes in Alaska's
Unorganized Borough or Second Class cities that cannot or do not
have a local ordinances that would empower APH to have a policy
with "teeth."
MR. WELSH answered that he did not know which APH homes are in
the Unorganized Borough.
10:12:56 AM
BETTY MACTAVISH, representing herself, Kodiak, Alaska, stated
that she supports SB 209 for a smoke-free work environment. She
noted secondhand smoke's negative impact on Kodiak's businesses.
She explained the dangers from e-cigarettes and secondhand
aerosol.
10:15:09 AM
JOHN PARKER, business owner, Kenai, Alaska, said SB 209 will
"level the playing field" for businesses so that everyone
benefits, including non-smokers. He noted a reason for
businesses that have not voluntarily gone to no-smoking as
follows:
Many local hotels and bars are concerned about
'leveling the playing field' and they fear that if an
establishment goes smoke-free in their area, other
local establishments will reap the benefits.
He called attention to Kenai businesses that have prospered
since voluntarily going smoke-free in addition to increased
health and safety for their employees.
He addressed an argument against smoke-free environments in
public places as follows:
The other argument I often hear is that smokers have
the right to smoke. I agree, even though there is
irrefutable proof that smoking will radically shorten
your life. We often hear that if non-smokers don't
like cigarette smoke, they should go somewhere else.
As a non-smoker, if my wife and I go into an
establishment, we are not imposing our choices on
anyone. By comparison, when a smoker lights up in an
establishment which I am a patron of, they are
imposing their choices on me, they do not have the
right to do that.
He summarized that SB 209 is legislation that is not aimed at
limiting smokers' rights. It is aimed at protecting the health
and safety of other Alaskans.
10:18:18 AM
GARY SUPERMAN, business owner, Hunger Hut, Nikiski, Alaska,
declared that studies from the U.S. Environmental Protection
Agency (EPA), OSHA, and the U.S. Congress questioned 100 percent
compliance with smoke-free areas. He asserted that from an
economic standpoint, his neighborhood tavern would be
irreparably harmed by SB 209. He explained that 90 percent of
his customers and 100 percent of his bartenders smoke. He
remarked that the legislation is being shoved down business's
throats. He asked that the structural problems with enforcement
be analyzed in SB 209 and a fiscal note be applied to the bill
to address enforcement issues.
10:21:28 AM
ANGELO REALE, owner, Reale Vapes, Wasilla, Alaska, stated that
SB 209 needs an amendment to separate e-cigarettes from tobacco.
10:23:23 AM
ALLEN GRUNIN, representing himself, Fairbanks, Alaska, said he
supports SB 209 to regulate smoking in Alaska. He noted that he
is a member of the Alaska Native Veterans Association (ANVA). He
said ANVA has signed a resolution of support for SB 209. He
asserted that there is no right to smoke and asked for passage
of SB 209 to standup for the right to breathe clean air.
10:25:03 AM
CHAIR DYSON declared that the committee will stand at ease.
10:25:32 AM
CHAIR DYSON called the committee back to order.
10:25:42 AM
MICHAEL PATTERSON, representing himself, Juneau, Alaska, said he
supports SB 209 and explained his terminal medical condition due
to smoking. He noted that he is traveling around the state and
speaking at schools to draw attention to the hazards of smoking.
He pointed out that over half of the area that he travels to in
the state is not protected. He said Anchorage and Fairbanks do
not have smoke-free laws in public areas.
10:27:31 AM
CHAIR DYSON asked if any of Mr. Patterson's exposure to
secondhand smoke was due to working in a place where people were
smoking.
MR. PATTERSON answered no. He added that he had a friend that
died from secondhand smoke.
CHAIR DYSON noted that Anchorage and Fairbanks do have the local
authority to ban smoke if they wanted and would not be effected
by SB 209.
He announced that SB 209 will be passed out of committee if
there is no objection. He said he has a couple of suggested
amendments, one of them has to do with a senior and disabilities
place where a person will have to go 50 feet away. He pointed
out that there may be a risk for requiring a senior or disabled
person to be outside in winter conditions. He said his second
amendment pertains to vape shops. He remarked that both vape
shops and tobacco shops should be excluded. He said his
respectful suggestion to Senator Micciche is to consider his
amendments at the next committee of referral.
CHAIR DYSON announced that the Chair will entertain a motion.
10:29:12 AM
SENATOR GIESSEL moved to report the CS for SB 209, version 28-
LS1539\C, from committee with individual recommendations and
attached fiscal note(s).
10:29:24 AM
CHAIR DYSON stated that seeing no objection, [CSSB 209(STA)]
moved out of the Senate State Affairs Standing Committee.