Legislature(2023 - 2024)BARNES 124

04/01/2024 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to a Call of the Chair --
+ HB 298 ALCOHOL WARNING SIGNS ON LIC. PREMISES TELECONFERENCED
Heard & Held
+= HB 150 RESIDENTIAL BUILDING CODE TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 298-ALCOHOL WARNING SIGNS ON LIC. PREMISES                                                                      
                                                                                                                                
3:17:24 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that the  first order of business would be                                                               
CS FOR  SPONSOR SUBSTITUTE FOR  HOUSE BILL NO. 298(HSS),  "An Act                                                               
relating  to   the  posting  of   warning  signs   for  alcoholic                                                               
beverages."                                                                                                                     
                                                                                                                                
3:17:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDREW  GRAY, Alaska  State Legislature,  as prime                                                               
sponsor,  read the  sponsor  statement for  HB  298 [included  in                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
          The  Alcoholic  Beverages   and  Cancer  Act  will                                                                    
     inform  Alaskans that  alcohol  use  can cause  cancer,                                                                    
     including colon  and breast cancers.  There has  been a                                                                    
     broad  scientific   consensus  for  decades   that  the                                                                    
     consumption  of  alcohol  significantly  increases  the                                                                    
     risk  of several  types  of  cancer. This  relationship                                                                    
     between alcohol and cancer was  first documented by the                                                                    
     World  Health  Organization  in  1987.  Alcohol-related                                                                    
     cancers  affect tens  of  thousands  of Americans  each                                                                    
     year.  Alcohol   is  noted  to  be   the  third-highest                                                                    
     modifiable  risk factor  for cancer  in women,  and the                                                                    
     fourth-highest  modifiable risk  factor  for cancer  in                                                                    
     men.  However,  despite this  long-standing  scientific                                                                    
     consensus, there  has not  been an  accompanying change                                                                    
     in public  perception about  the risks  associated with                                                                    
     alcohol consumption.                                                                                                       
          Public  perception  about alcohol  consumption  is                                                                    
     skewed    some surveys from the  National Institutes of                                                                    
     Health  even  indicate  that   10%  of  adults  believe                                                                    
     alcohol  consumption decreases  risk  for cancer,  even                                                                    
     though for some types of  cancer, even small amounts of                                                                    
     alcohol can increase risk.                                                                                                 
          House  Bill  298  addresses  this  gap  in  public                                                                    
     health knowledge  by changing  the text  on one  of the                                                                    
     required  warning   signs  at  the   point-of-sale  for                                                                    
     alcohol. The  new sign states:  "Alcohol use  can cause                                                                    
     cancer, including  breast and colon cancers."  This has                                                                    
     precedent  in  some US  states,  as  well as  in  other                                                                    
     countries  around  the   world.  South  Korea  requires                                                                    
     cancer  warning labels  on alcoholic  drink containers,                                                                    
     and  Ireland  passed   legislation  in  2023  requiring                                                                    
     cancer and  liver disease  warning labels  on alcoholic                                                                    
     drink packaging.                                                                                                           
          This  legislation  does   not  restrict  Alaskans'                                                                    
     ability  to  buy or  consume  alcohol  but provides  an                                                                    
     easy,  low-cost  way  for  Alaskans  to  make  informed                                                                    
     decisions about alcohol  consumption prior to purchase.                                                                    
     House Bill  298 is  an effective  and simple  bill that                                                                    
     will  improve  public  health awareness.  I  urge  your                                                                    
     support.                                                                                                                   
                                                                                                                                
3:20:57 PM                                                                                                                    
                                                                                                                                
DAVID  SONG,  Staff,  Representative Andrew  Gray,  Alaska  State                                                               
Legislature,  On behalf  of Representative  Gray, prime  sponsor,                                                               
presented HB 298. He began  by reading the sectional analysis for                                                               
HB  298 [included  in committee  packet], which  read as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section  1:  Amends  AS 04.21.065(b)  to  require  that                                                                    
     vendors of alcohol replace their sign that reads:                                                                          
                                                                                                                                
     "WARNING:  Drinking alcoholic  beverages such  as beer,                                                                    
     wine, wine  coolers, and  distilled spirits  or smoking                                                                    
     cigarettes during pregnancy can cause birth defects."                                                                      
                                                                                                                                
     with a new sign that reads:                                                                                                
                                                                                                                                
     "WARNING: Alcohol use during  pregnancy can cause birth                                                                    
     defects.  Alcohol  use   can  cause  cancer,  including                                                                    
     breast and colon cancers."                                                                                                 
                                                                                                                                
MR. SONG detailed the summary of changes [included in committee                                                                 
packet] made from HB 298, Version S to HB 298, Version U, which                                                                 
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
                   HB 298 Summary of Changes                                                                                    
                        Ver. S to Ver. U                                                                                        
     The following  changes were added  in the  House Health                                                                    
     and Social Services Committee:                                                                                             
     Section 1:  Amends AS 04.21.065(a) to  change the total                                                                    
     number of warning signs vendors of                                                                                         
     alcohol are required to display  on their premises from                                                                    
     three to two.                                                                                                              
     Section 2:  Amends AS  04.21.065(b) to  consolidate two                                                                    
     currently required alcohol warning signs                                                                                   
     into one sign.                                                                                                             
     Currently, one sign reads:                                                                                                 
     WARNING: A  person who provides alcoholic  beverages to                                                                    
     a person under 21 years of age, if                                                                                         
     convicted under  AS 04.16.051, could be  imprisoned for                                                                    
     up to five years and fined up to $50,000.                                                                                  
     and the other reads:                                                                                                       
     WARNING: An unaccompanied person  under 21 years of age                                                                    
     who enters these premises in                                                                                               
     violation  of  law  may,   under  AS  04.16.049(e),  be                                                                    
     civilly liable for damages of $1,500.                                                                                      
     These  two signs  will be  consolidated  into one  sign                                                                    
     reading:                                                                                                                   
     WARNING: An unaccompanied person  under 21 years of age                                                                    
     who enters these premises in                                                                                               
     violation  of  law  may,   under  AS  04.16.049(e),  be                                                                    
     civilly liable for damages of $1,500. A person                                                                             
     who provides  alcoholic beverages to a  person under 21                                                                    
     years of age, if convicted under AS                                                                                        
     04.16.051,  could be  imprisoned for  up to  five years                                                                    
     and fined up to $50,000.                                                                                                   
                                                                                                                                
3:22:46 PM                                                                                                                    
                                                                                                                                
MR. SONG began  the associated PowerPoint presentation  on HB 298                                                               
[hardcopy included  in committee  packet]. He  began on  slide 2,                                                               
which  gave background  information to  the link  between alcohol                                                               
and  cancer.  He  cited  a 2017  Surgeon  General's  report  that                                                               
claimed even  a moderate amount  of drinking  increases someone's                                                               
risk  for breast  cancer and  added  that alcohol  is the  third-                                                               
highest modifiable cancer risk factor.                                                                                          
                                                                                                                                
3:23:36 PM                                                                                                                    
                                                                                                                                
MR. SONG  proceeded to slide  3, which provided the  World Health                                                               
Organization  (WHO)'s data  on  cancers  attributable to  alcohol                                                               
consumption. He said according to  the WHO, at least 60,000 cases                                                               
of  cancer in  2020  were attributed  to  alcohol consumption  in                                                               
America.                                                                                                                        
                                                                                                                                
3:24:15 PM                                                                                                                    
                                                                                                                                
MR. SONG  moved to slide 4  to detail the information  gap around                                                               
liquor consumption and the fact  that alcohol is a carcinogen. He                                                               
continued to slide 5 to explain what  HB 298 would do if put into                                                               
law and went on to slide 6  to show examples of warning labels in                                                               
other countries, which he said HB 298 is trying to emulate.                                                                     
                                                                                                                                
3:26:00 PM                                                                                                                    
                                                                                                                                
MR. SONG  concluded the presentation on  slide 7. He said  HB 298                                                               
would  be  an  effective  way   to  reduce  the  information  gap                                                               
surrounding alcohol  and would cost the  state or alcohol-selling                                                               
businesses next to nothing.                                                                                                     
                                                                                                                                
3:26:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS asked  Joan  Wilson  about the  associated                                                               
fiscal note to HB 298.                                                                                                          
                                                                                                                                
3:27:26 PM                                                                                                                    
                                                                                                                                
JOAN  WILSON, Director,  Alcohol  and  Marijuana Control  Office,                                                               
answered that the cost of two  new signs across the state is near                                                               
a total of  $20,000, and she explained that the  remote nature of                                                               
shipping in Alaska  carries an expected cost of  $5,000 extra for                                                               
postage.                                                                                                                        
                                                                                                                                
3:28:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK asked  if the  proposed bill's  signs are                                                               
something that  the Alcoholic Beverage Control  Board (ABC) could                                                               
require through  regulation or whether  this issue would  have to                                                               
be a statutory change.                                                                                                          
                                                                                                                                
REPRESENTATIVE GRAY  responded that  often there are  things that                                                               
could be done by an associated  board or regulatory body, but the                                                               
legislature helps to give statutory guidance.                                                                                   
                                                                                                                                
MS. WILSON added that the ABC Board is not able to make any                                                                     
changes to alcohol signage as Alaska law currently read and                                                                     
would need statutory change to put up new signs.                                                                                
                                                                                                                                
3:30:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  clarified  Mr.  Song's  earlier  remarks                                                               
about a connection  linking alcohol and cancer and  asked that if                                                               
there  has been  a link  between the  two for  decades, why  more                                                               
people don't know about it.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRAY   deferred  the  question  to   the  invited                                                               
testifiers.                                                                                                                     
                                                                                                                                
3:31:26 PM                                                                                                                    
                                                                                                                                
TIM  NAIMI,  M.D.,  in  responding  to  Representative  Saddler's                                                               
question, answered that  people aren't aware of  the link between                                                               
alcohol  and  cancer because  there  hasn't  been enough  popular                                                               
awareness  and  signage  drawing   comparison  to  the  awareness                                                               
surrounding  tobacco and  its warning  labels. He  explained that                                                               
alcohol  is  classified  as  a  class  1  carcinogen  because  it                                                               
unequivocally  causes cancer.   He  said  the purpose  of HB  298                                                               
should be to keep people informed  so they can make decisions for                                                               
themselves.  He   said  there  is  more   warning  labelling  for                                                               
cigarettes than alcohol,  and that it is a  commonsense effort to                                                               
let people be aware of the health risks associated with alcohol.                                                                
                                                                                                                                
3:35:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked when  alcohol was  first classified                                                               
as a class 1 carcinogen.                                                                                                        
                                                                                                                                
DR. NAIMI said it was first classified in the 1980s.                                                                            
                                                                                                                                
3:36:00 PM                                                                                                                    
                                                                                                                                
THOMAS GREMILLION, Director, Food  Policy, Consumer Federation of                                                               
America, gave  invited testimony  on HB 298.  He gave  context to                                                               
his interest in cancer warning  signs with alcohol and said fewer                                                               
than half  of consumers see alcohol  as a cancer threat.  He said                                                               
that  current warnings  of alcohol  aren't effective  and offered                                                               
support for  updating warning  labels on  alcohol. He  touched on                                                               
the belief that  small amounts of drinking may  show benefits and                                                               
said  that  the  cancer  risk  in the  long  term  outweighs  the                                                               
potential  benefits of  alcohol. He  cited evidence  that reduced                                                               
alcohol sales translate to less  domestic abuse and stressed that                                                               
point-of-sale  warning signs  are  attributed  to lower  drinking                                                               
during pregnancy. He urged passage of HB 298.                                                                                   
                                                                                                                                
3:41:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked how  much alcohol  is sold  in bars                                                               
versus retail sales.                                                                                                            
                                                                                                                                
MR. GREMILLION said he did not know at this time.                                                                               
                                                                                                                                
3:41:39 PM                                                                                                                    
                                                                                                                                
TIFFANY  HALL,  Chief  Executive Officer,  Recover  Alaska,  gave                                                               
invited testimony  in support of HB  298. She said cancer  is the                                                               
leading  cause of  death  in  Alaska, and  alcohol  is the  third                                                               
leading modifiable  cause of cancer  related to  9 of the  top 10                                                               
causes of death  in Alaska. She opined that  the signage proposed                                                               
under HB  298 would save lives  in Alaska.  She  pointed out that                                                               
less than half  the population knows that  alcohol causes cancer,                                                               
and   this   fact   is  not   even   well-known   among   medical                                                               
professionals.   She stressed that  knowledge is power.  She said                                                               
alcohol  is  different  from  other  commodities  because  it  is                                                               
addictive and  is a  class 1 carcinogen.  She emphasized  that HB
298  would not  restrict alcohol  sales in  any way,  that it  is                                                               
about freedom  of information. She  noted the low  cost reflected                                                               
in  the fiscal  note, and  she  encouraged a  robust campaign  to                                                               
correlate  with  the  sign  change.     Ms.  Hall  reported  that                                                               
taxpayers  are losing  money  on alcohol,  which  brings in  $111                                                               
million  a  year but  costs  Alaska  $2.4 billion  in  healthcare                                                               
costs, absenteeism  from work, and "lost  productivity from early                                                               
death." She  concluded her remarks  by saying that cancer  is one                                                               
of the  many related  harms of  alcohol, and  reduced consumption                                                               
will always lower the rate of [all] harms caused by alcohol.                                                                    
                                                                                                                                
3:45:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  cited  alcohol  in  Alaska's  previously                                                               
mentioned revenue of  $111 million and its cost  of $2.4 billion,                                                               
asking if the $111 million was based solely on taxation.                                                                        
                                                                                                                                
MS. HALL  responded that $40  million of the $111  million figure                                                               
is taxation,  and almost $72  million is from private  sector job                                                               
wages, and clarified that the numbers  came from a 2018 study. In                                                               
response  to  follow-up  questions,  she  answered  that  alcohol                                                               
contributes  to   cancer,  heart  disease,   accidents,  strokes,                                                               
suicides,  and liver  disease. She  said she  would follow  up on                                                               
whether or not there was  a link between diabetes and Alzheimer's                                                               
disease.                                                                                                                        
                                                                                                                                
3:47:19 PM                                                                                                                    
                                                                                                                                
CHAIR  SUMNER asked  for information  regarding the  link between                                                               
alcohol consumption and COVID-19.                                                                                               
                                                                                                                                
3:47:49 PM                                                                                                                    
                                                                                                                                
DR.  NAIMI,  confirmed there  is  a  strong relationship  between                                                               
alcohol and COVID-19.  He asserted that those who  drink more are                                                               
more  susceptible  to  COVID-19.  He said  that  one  reason  for                                                               
alcohol being linked  with COVID-19 is because  it brought people                                                               
together, which allowed  the disease to spread.  He clarified Ms.                                                               
Hall's  earlier  remarks,  saying  that alcohol  is  a  cause  of                                                               
dementia and diabetes.                                                                                                          
                                                                                                                                
3:49:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK  emphasized  that alcohol  is  the  third                                                               
highest  modifiable cancer  risk factor  and postulated  that the                                                               
first is smoking and the second is excess weight.                                                                               
                                                                                                                                
3:50:23 PM                                                                                                                    
                                                                                                                                
DR. NAIMI said there is  plausible connection between alcohol and                                                               
cancer, though  not every case  of cancer is  directly correlated                                                               
to alcohol consumption. He said  people who are drinking more are                                                               
at a higher risk to have an alcohol-induced cancer.                                                                             
                                                                                                                                
3:51:20 PM6                                                                                                                   
                                                                                                                                
CHAIR SUMNER announced HB 298 was held over.                                                                                    

Document Name Date/Time Subjects
HB 298 Consumer Federation of America.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 Fiscal Note.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 Graphic.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 Letter of Support.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 National Cancer Institute.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 Presentation.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 World Health Organization.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 Summary of Changes.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 Sponsor Statement.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298 Sectional Analysis.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
SS HB 298.pdf HL&C 4/1/2024 3:15:00 PM
HB 298
HB 298.pdf HL&C 4/1/2024 3:15:00 PM
HB 298