Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/18/2016 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB18 | |
| SB158 | |
| SB141 | |
| SB108 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 136 | TELECONFERENCED | |
| *+ | SB 134 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 18 | TELECONFERENCED | |
| += | SB 158 | TELECONFERENCED | |
| += | SB 141 | TELECONFERENCED | |
| += | SB 108 | TELECONFERENCED | |
SB 141-E-CIGS: SALE TO AND POSSESSION BY MINOR
2:16:59 PM
VICE CHAIR GIESSEL announced the consideration of SB 141. She
noted this is the second hearing.
2:17:27 PM
SENATOR GARY STEVENS, Alaska State Legislature, sponsor of SB
141, stated that this is not a tax bill or an attempt to control
adult use of e-cigarettes. It is a bill that seeks to control
the use of these devices by minors.
2:17:54 PM
TIM LAMPKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, displayed an informational slideshow about the
types and uses of e-cigarettes as he summarized that the intent
of SB 141 is to protect youths. He informed the committee that
smoking e-cigarettes or vaping is the latest fad among youths
and an entire subculture exists around the activity. He related
that e-cigarette use began in 1963, but didn't take root because
tobacco smoking was more fashionable. However, as tobacco
consumption has declined, e-cigarettes have resurfaced. The
market is exploding and is under regulated. The sponsor's
concern is that this will serve as a gateway product that will
ultimately result in more youths beginning to smoke.
He noted that a committee substitute is forthcoming that
broadens definitions for these products.
2:19:50 PM
MR. LAMKIN walked through the following sectional analysis for
SB 141, version H:
Section 1: AS 11.76.105(a) Adds to existing law that
prohibits minors from possessing cigarettes or
tobacco, to also prohibit possession of electronic
cigarettes and any component thereof.
Section 2: AS 11.76.109(a) Adds to existing law that
it is an offense not only to sell, exchange, or give
electronic cigarettes, or any related component
thereof, to a minor.
Section 3: AS 11.76.109(b) Provides an exception for
minors possessing e-cigarettes, given 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.
He noted that some will argue that these products do not contain
nicotine, but that hasn't been established for certain.
Section 4: AS 11.81.900(b) Makes new definitions
regarding E-cigarette components as follows:
(67) Defines "alternative tobacco product" to
include a substance containing nicotine, or
synthesized to resemble nicotine.
(68) Defines "electronic smoking device" to
include its mechanical components and the chemical
substances it aerosolizes.
(69) Defines "e-liquid or e-liquid product" as a
liquid intended to be aerosolized and inhaled in
conjunction with an electronic smoking device.
(70) Defines "vapor product" as a device that,
when its components are assembled, is used to simulate
smoking.
He reiterated that a committee substitute is forthcoming that
broadens definitions for these products.
Section 5: Is the effective date, applying to offenses
committed only after the effective date of the bill.
SENATOR MEYER thanked Mr. Lamkin for clarifying that it isn't
clear whether or not these products contain nicotine.
MR. LAMKIN related that there are no existing regulations
requiring labeling or testing these products so it's not clear
what they contain.
SENATOR MEYER commented that regardless of whether they contain
nicotine or not, they still contain ingredients that may not be
safe for kids under age 19.
MR. LAMKIN agreed adding that the industry is new and moving too
quickly to have accurate data. He noted that some will argue
that the data set is too small to form conclusions.
SENATOR STEVENS said the jury is still out about whether e-
cigarettes will help break a nicotine addiction. He asked Mr.
Lamkin to talk about how an underage person can access e-
cigarettes to treat an addiction to nicotine.
MR. LAMKIN offered his understanding that the state has a
hotline that a youth can call to access cessation products. The
bill also provides exceptions for youth to have nicotine
products if they're used specifically for a pharmaceutical
purpose to quit smoking. Parents can also provide the product
without a prescription. He deferred further comment to Dr.
Butler.
VICE CHAIR GIESSEL noted that Spice isn't mentioned, although it
is sometimes used in an e-cigarette.
MR. LAMKIN said it's not specifically mentioned because that's
not the focus of the bill, but it theoretically could be
substituted.
DR JAY BUTLER, Chief Medical Doctor, Department of Health and
Social Services (DHSS), Anchorage, Alaska, stated that there is
little known about the long-term effects of e-cigarettes so
there's still a lot to learn. Addressing the question of using
e-cigarettes as cessation devices, he said he believes the
provision for that is linked to FDA approval, so the state
programs will rely on that. "As a provider, that's where I would
go first. But I have certainly counseled patients who have quit
again and again and again to consider non-smoking tobacco
products as an alternative," he said. Anecdotally, he is aware
of people switching to smokeless or e-cigarettes as a way to
stop or at least cut down on smoking.
He acknowledged the concern about not knowing what substance is
in the vaping product and said he expects to see marijuana
liquids in vaping devices in the near future. He noted that the
trials for that product are not using vaporization as a way to
administer it. He also noted anecdotally that products labeled
automobile air fresheners and used in refillable vape devices
actually did contain Spice.
2:27:58 PM
SENATOR STEVENS asked for confirmation that people under age 18
won't be able to legally possess marijuana even if it's legal in
Alaska.
DR. BUTLER agreed and then pointed out that the odor of a THC
containing solution isn't necessarily distinctive. Some online
products are even touted to be odorless.
SENATOR STEVENS asked for help understanding whether or not e-
cigarettes can be a cessation device.
DR. BUTLER said there is anecdotal evidence to that effect, but
the fundamental question is what is in the e-cigarette. Products
that are FDA approved have a known amount of nicotine and
absorption rate so it's easier to titrate the dose down as
needed. He noted that some vaping products have labeled amounts
of nicotine, but there is no assurance that the consumer is
getting what's on the label. He agreed with earlier testimony
that Great Britain approved a product as a cessation device but
his understanding is that there is no similar filing with the
FDA in the U.S.
SENATOR STEVENS thanked Dr. Butler for his work.
2:31:23 PM
JOE DARNELL, Manager, Underage Tobacco Enforcement, Department
of Health and Social Services (DHSS), Anchorage, Alaska,
introduced himself.
SENATOR MEYER asked if the law prohibiting possession or use of
tobacco by a minor is being enforced. He also asked what the
penalty is and if it's possible to collect from a youth who is
age 16 or 17.
MR. DARNELL explained that possession of tobacco by a minor is a
$50 fine, and sometimes the court allows community service or
tobacco training in lieu of the fine. He anticipates the same
thing happening with the vaping products. School administrators
have mentioned problems on school campuses because there is no
law addressing vaping products. As a policy, the device may be
confiscated but it has to be returned.
SENATOR MEYER asked: 1) how many tobacco violations are written
in a year and 2) how it's possible to tell that someone is
vaping when they're outside.
MR. DARNELL said his office works with merchants to prevent
underage sales so they don't regularly issue citations. He
agreed that you couldn't tell if someone was vaping if they're
outside, and expressed concern that vaping is bringing back the
social norm that smoking is acceptable.
SENATOR MEYER asked if vaping products are allowed in bars.
MR. DARNELL said he believes that vaping is allowed in bars in
Anchorage and he knows that Juneau added to its smoke-free
ordinance to include vaping. Vaping is also allowed in vape
shops.
MR. LAMPKIN added his understanding that it is largely up to the
owner of the establishment to set the policy for vaping. He also
pointed out that some products are both smokeless and odorless.
2:38:04 PM
ANGELA CARROLL, Chapter Leader, SmokeFree Alternative Trade
Association, Wasilla, Alaska, stated support for SB 141,
emphasizing that vaping products should not be accessible to
individuals younger than the legal smoking age.
2:38:50 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society/Cancer Action Network (ACS CAN), testified in
support of SB 141. She highlighted that venders of e-cigarettes
do not have the same license requirements as venders that sell
tobacco so there isn't a good way to enforce a penalty for
selling to youth. She echoed concern about the trend for youth
to use electronic-cigarettes and noted that this is reflected in
ACS CAN's youth risk behavior survey data for Alaska. It's a
trend that should be addressed before it gets worse, she said.
VICE CHAIR GIESSEL asked if there is particulate matter in the
e-products.
MR. NENON answered yes; ultrafine particles come off the end of
the e-cigarette. Given that there are hundreds of these products
on the market, it is impossible to say exactly what is in each
one, he said. However, ones that have been analyzed have been
found to contain neurotoxins, which is found in nicotine.
VICE CHAIR GIESSEL asked if she'd seen data indicating that the
particulate matter may exacerbate asthma or other respiratory
diseases.
MS. NENON said yes and offered to provide the fact sheets that
show evidence of short-term impacts on the respiratory system.
SENATOR STEVENS asked if e-cigarettes have to be purchased
through an adult at a shop.
MS. NENON said she appreciates that that is what the legislation
would require, but she's heard anecdotally that some youth are
getting them online.
SENATOR STEVENS commented that Internet sales is an important
issue.
2:44:11 PM
SENATOR ELLIS related that it was former Representative Kay
Brown who introduced legislation to ban cigarette vending
machines in all places except where people over age 21 could
have access. He recalled that when he first came to the
legislature there was a cigarette vending machine on the ground
floor of the capitol building and students from the high school
would walk up or take the bus to get their nicotine fix. He
added, "I was a proud co-sponsor of that legislation and
needless to say we've come a long way in our consciousness and
commitment to health, especially with young people."
2:45:42 PM
VICE CHAIR GIESSEL closed public testimony and held SB 141 in
committee awaiting a committee substitute (CS).
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 18 - Version H.PDF |
SL&C 2/18/2016 1:30:00 PM |
SB 18 |
| SB 18 - Fiscal Note.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 18 |
| SB 18 - Sponsor Statement.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 18 |
| SB 108 - Fiscal Note DCCED.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 108 |
| SB 108 - Fiscal Note DOA.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 108 |
| SB 108 - Testimony - R. Banks - Alaska Securitites Act Reform-Crowdinvesting.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 108 |
| SB 108 Sectional Analysis.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 108 |
| SB 141 - Fiscal Note.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 141 |
| SB 108.PDF |
SL&C 2/18/2016 1:30:00 PM |
SB 108 |
| SB 141 - Sectional Analysis.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 141 |
| SB 141 - Sponsor Statement.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 141 |
| SB 141.PDF |
SL&C 2/18/2016 1:30:00 PM |
SB 141 |
| SB 158 - Assoc. Realtor Letter.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 158 |
| SB 158 - Comparative Education Experience Other States.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 158 |
| SB 158 - Fiscal Note.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 158 |
| SB 158 - Real Estate Commission Letter.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 158 |
| SB 158.PDF |
SL&C 2/18/2016 1:30:00 PM |
SB 158 |
| Public Comment - Concerns with SB 158.pdf |
SL&C 2/18/2016 1:30:00 PM |
SB 158 |