Legislature(2013 - 2014)BUTROVICH 205

04/03/2014 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 25 VIETNAM VETS: SERVICE-RELATED DISEASES TELECONFERENCED
Moved SCS CSHJR 25(STA) Out of Committee
*+ SB 209 REGULATION OF SMOKING TELECONFERENCED
Moved CSSB 209(STA) Out of Committee
+ HB 366 INVOLUNTARY COMMITMENT; FIREARMS TELECONFERENCED
<Pending Referral>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 3, 2014                                                                                          
                           9:01 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator John Coghill                                                                                                            
Senator Bert Stedman                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 25(MLV)                                                                                       
Urging the United  States Congress to restore  the presumption of                                                               
a service connection  for Agent Orange exposure  to United States                                                               
Veterans who served in the waters  defined by and in the airspace                                                               
over the combat zone in Vietnam.                                                                                                
                                                                                                                                
     - MOVED SCS CSHJR 25(STA) OUT OF COMMITTEE                                                                                 
                                                                                                                                
SENATE BILL NO. 209                                                                                                             
"An Act  prohibiting smoking in certain  locations; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED CSSB 209(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR HOUSE BILL NO. 366(JUD)                                                                                                  
"An  Act  relating  to reporting  an  involuntary  mental  health                                                               
commitment  to the  National  Instant  Criminal Background  Check                                                               
System;  relating to  the  sealing of  records  of mental  health                                                               
proceedings; and  relating to relief from  a disability resulting                                                               
from  an  involuntary commitment  or  an  adjudication of  mental                                                               
illness or mental incompetence."                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR 25                                                                                                                  
SHORT TITLE: VIETNAM VETS: SERVICE-RELATED DISEASES                                                                             
SPONSOR(s): REPRESENTATIVE(s) LEDOUX                                                                                            
                                                                                                                                
02/03/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/03/14       (H)       MLV                                                                                                    
02/18/14       (H)       MLV AT 1:00 PM CAPITOL 120                                                                             
02/18/14       (H)       Moved CSHJR 25(MLV) Out of Committee                                                                   
02/18/14       (H)       MINUTE(MLV)                                                                                            
02/19/14       (H)       MLV RPT CS(MLV) 7DP                                                                                    
02/19/14       (H)       DP:    GRUENBERG,   HIGGINS,    SADDLER,                                                               
                         REINBOLD, HUGHES, LEDOUX, FOSTER                                                                       
03/10/14       (H)       TRANSMITTED TO (S)                                                                                     
03/10/14       (H)       VERSION: CSHJR 25(MLV)                                                                                 
03/12/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/12/14       (S)       HSS, STA                                                                                               
03/19/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/19/14       (S)       Heard & Held                                                                                           
03/19/14       (S)       MINUTE(HSS)                                                                                            
03/21/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/21/14       (S)       Moved CSHJR 25(MLV) Out of Committee                                                                   
03/21/14       (S)       MINUTE(HSS)                                                                                            
03/24/14       (S)       HSS RPT  2DP 1NR                                                                                       
03/24/14       (S)       DP: STEDMAN, MEYER                                                                                     
03/24/14       (S)       NR: MICCICHE                                                                                           
04/03/14       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 209                                                                                                                  
SHORT TITLE: REGULATION OF SMOKING                                                                                              
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
                                                                                                                                
02/26/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/26/14       (S)       STA, HSS, FIN                                                                                          
04/03/14       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE GABRIELLE LEDOUX                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HJR 25.                                                                                        
                                                                                                                                
THOMAS BROWN, Staff                                                                                                             
Representative LeDoux                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of HJR 25.                                                                           
                                                                                                                                
RIC DAVIDGE, Chairman                                                                                                           
Government Affairs                                                                                                              
Vietnam Veterans of America                                                                                                     
Chapter 904-Alaska                                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Supports HJR 25.                                                                                          
                                                                                                                                
JOHN PAUL ROSSIE, Executive Director                                                                                            
Blue Water Navy Vietnam Veterans Association                                                                                    
Littleton, Colorado                                                                                                             
POSITION STATEMENT: Supports HJR 25.                                                                                          
                                                                                                                                
SENATOR PETER MICCICHE                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: SB 209 sponsor.                                                                                           
                                                                                                                                
MARGE STONEKING, Alaska Director                                                                                                
American Lung Association                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Opposes SB 209 as amended.                                                                                
                                                                                                                                
DR. ROBERT URATA, M.D., volunteer                                                                                               
American Heart Association                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Supports SB 209.                                                                                          
                                                                                                                                
ANGELA CARROLL, owner                                                                                                           
Glacier Vapors                                                                                                                  
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Opposes SB 209 as amended.                                                                                
                                                                                                                                
BRIAN CATON, owner                                                                                                              
Northern Lights Vapor Company                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Opposes SB 209 as amended.                                                                                
                                                                                                                                
ISAAC HOWELL, owner                                                                                                             
Cold Vapes 907                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Opposes SB 209.                                                                                           
                                                                                                                                
LARRY HACKENMILLER, representative                                                                                              
Interior Cabaret, Hotel, Restaurant & Retailers Association                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Opposes SB 209.                                                                                           
                                                                                                                                
JILL LEWIS, Deputy Director                                                                                                     
Alaska Department of Health and Social Services                                                                                 
Division of Public Health                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Addressed departmental questions regarding                                                                
SB 209.                                                                                                                         
                                                                                                                                
TERRY SNYDER, Mat-Su Coordinator                                                                                                
American Cancer Society Cancer Action Network                                                                                   
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Supports SB 209.                                                                                          
                                                                                                                                
ELAINE BUSSE FLOYD, Director                                                                                                    
Division of Environmental Health                                                                                                
Alaska Department of Environmental Conservation                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Addressed departmental questions regarding                                                                
SB 209.                                                                                                                         
                                                                                                                                
PHIL WELSH, Administrator                                                                                                       
Sitka Pioneer Home                                                                                                              
Alaska Pioneer Homes                                                                                                            
Alaska Department of Health and Social Services                                                                                 
Sitka, Alaska                                                                                                                   
POSITION STATEMENT: Addressed departmental questions regarding                                                                
SB 209.                                                                                                                         
                                                                                                                                
BETTY MACTAVISH, representing herself                                                                                           
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Supports SB 209.                                                                                          
                                                                                                                                
JOHN PARKER, business owner                                                                                                     
Kenai, Alaska                                                                                                                   
POSITION STATEMENT: Supports SB 209.                                                                                          
                                                                                                                                
GARY SUPERMAN, owner                                                                                                            
Hunger Hut                                                                                                                      
Nikiski, Alaska                                                                                                                 
POSITION STATEMENT: Opposes SB 209.                                                                                           
                                                                                                                                
ANGELO REALE, owner                                                                                                             
Reale Vapes                                                                                                                     
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Opposes SB 209.                                                                                           
                                                                                                                                
ALLEN GRUNIN, representing himself                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Supports SB 209.                                                                                          
                                                                                                                                
MICHAEL PATTERSON, representing himself                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Supports SB 209.                                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:01:02 AM                                                                                                                    
CHAIR  FRED  DYSON  called  the  Senate  State  Affairs  Standing                                                             
Committee meeting  to order at 9:01  a.m. Present at the  call to                                                               
order were Senators Wielechowski, Giessel, and Chair Dyson.                                                                     
                                                                                                                                
9:01:46 AM                                                                                                                    
CHAIR DYSON reviewed the committee calendar.                                                                                    
                                                                                                                                
         HJR 25-VIETNAM VETS: SERVICE-RELATED DISEASES                                                                      
                                                                                                                                
CHAIR  DYSON  announced  the  consideration  of  HJR  25.  [CSHJR
25(MLV) was before the committee.]                                                                                              
                                                                                                                                
9:02:19 AM                                                                                                                    
REPRESENTATIVE  GABRIELLE   LEDOUX,  Alaska   State  Legislature,                                                               
Juneau,  Alaska, sponsor  of HJR  25,  paraphrased the  following                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     HJR 25  is a step  towards fixing a  bureaucratic lapse                                                                    
     in our  treatment of  Vietnam veterans.  Currently only                                                                    
     soldiers  who had  "boots on  the  ground" during  that                                                                    
     conflict  are eligible  for benefits  related to  their                                                                    
     exposure to Agent Orange.                                                                                                  
                                                                                                                                
     HJR  25 urges  the United  States Congress  to pass  HR
     543, the Blue Water Navy  Vietnam Veterans Act of 2013.                                                                    
     HR  543  amends  current compensation  in  health  care                                                                    
     regulations to include coverage  of the service members                                                                    
     who served in the waters  of Vietnam, many of whom were                                                                    
     also exposed to Agent Orange,  a fact not recognized by                                                                    
     the  federal  government;  these brave  men  and  women                                                                    
     served their  country honorably and  we need  to remind                                                                    
     Congress of its responsibility to our veterans.                                                                            
                                                                                                                                
                                                                                                                                
9:04:03 AM                                                                                                                    
THOMAS  BROWN,  Staff,  Representative Gabrielle  LeDoux,  Alaska                                                               
State   Legislature,   Juneau,    Alaska,   provided   background                                                               
information on HR 543 as follows:                                                                                               
                                                                                                                                
     In  2002,  the  United States  Department  of  Veterans                                                                    
     Affairs (VA)  made an  administrative policy  shift and                                                                    
     changed  their  regulations   concerning  Agent  Orange                                                                    
     exposure, it was an arbitrary  shift with no medical or                                                                    
     scientific basis.                                                                                                          
                                                                                                                                
     Urging  the   passage  of  HR  543   would  return  the                                                                    
     compensation  that  these  soldiers earned  during  the                                                                    
     service for  their country. The bill  enjoys bipartisan                                                                    
     support in Congress, 174  co-sponsors including our own                                                                    
     Don Young.                                                                                                                 
                                                                                                                                
     In Alaska, we  have up to 609 Blue  Water Navy veterans                                                                    
     that could  be eligible  for treatment for  exposure to                                                                    
     Agent Orange  and countless thousands of  others across                                                                    
     the country. The Blue Water  Navy, incidentally, is how                                                                    
     Navy  and Marine  personnel stationed  in the  offshore                                                                    
     waters of  Vietnam are  referred to  as opposed  to the                                                                    
     Brown Water Navy of the inland waters.                                                                                     
                                                                                                                                
     Should  this legislature  pass HJR  25,  copies of  the                                                                    
     resolution  would be  distributed to  our congressional                                                                    
     delegation, congressional leadership,  the Secretary of                                                                    
     Veterans  Affairs, the  Vice  President, and  President                                                                    
     Obama.                                                                                                                     
                                                                                                                                
     In  conclusion, I  would  just like  to  say that  when                                                                    
     Washington  doesn't  do  the right  thing,  it  is  our                                                                    
     responsibility to  remind them  and fulfill  their debt                                                                    
     to our veterans.                                                                                                           
                                                                                                                                
SENATOR GIESSEL asked  if coverage pertains to  soldiers who were                                                               
not on  the ground in Vietnam,  but were exposed to  Agent Orange                                                               
because they flew in and  brought out injured soldiers covered in                                                               
Agent Orange.                                                                                                                   
                                                                                                                                
MR.  BROWN replied  that  was one  of  the circumstances.  Others                                                               
include  medical personnel  who  were exposed  when they  treated                                                               
exposed  soldiers  and  Navy  personnel  stationed  offshore  who                                                               
cleaned exposed equipment.                                                                                                      
                                                                                                                                
9:06:34 AM                                                                                                                    
CHAIR  DYSON  said he  did  not  realize  that Agent  Orange  was                                                               
transferrable from person-to-person.                                                                                            
                                                                                                                                
MR. BROWN  replied it's  more through  physical contact  from one                                                               
contaminated item to another.                                                                                                   
                                                                                                                                
CHAIR DYSON asked  if exposure was from chemical  contact and not                                                               
from a germ.                                                                                                                    
                                                                                                                                
MR. BROWN answered correct.                                                                                                     
                                                                                                                                
CHAIR DYSON asked  Representative LeDoux if she  had seen Senator                                                               
Wielechowski's amendments.                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX replied she may have seen one.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI said he had one amendment to present.                                                                      
                                                                                                                                
CHAIR  DYSON asked  which  version  of the  bill  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
MR. BROWN answered version U, [28-LS1350\U].                                                                                    
                                                                                                                                
9:08:13 AM                                                                                                                    
RIC DAVIDGE,  Chairman, Government  Affairs, Vietnam  Veterans of                                                               
America,  Chapter   904-Alaska,  Anchorage,   Alaska,  introduced                                                               
himself.                                                                                                                        
                                                                                                                                
CHAIR  DYSON   asked  Mr.   Davidge  if   he  had   seen  Senator                                                               
Wielechowski's amendment.                                                                                                       
                                                                                                                                
MR. DAVIDGE  answered yes. He  explained that he had  worked very                                                               
closely   with  Senator   Wielechowski's  staff   and  was   very                                                               
supportive of the Blue Water Navy resolution.                                                                                   
                                                                                                                                
CHAIR DYSON noted  Mr. Davidge's history and  called attention to                                                               
his tireless advocacy of veterans.                                                                                              
                                                                                                                                
MR. DAVIDGE offered the following testimony:                                                                                    
                                                                                                                                
     My name  is Rick Davidge,  I am chairman  of Government                                                                    
     Affairs   for  Vietnam   Veterans  of   America-Alaska,                                                                    
     formally  National  Chairman   of  Government  Affairs.                                                                    
     Representative  LeDoux  and Senator  Wielechowski  both                                                                    
     have  copies of  our national  legislative agenda.  The                                                                    
     second highest  national priority for  Vietnam Veterans                                                                    
     of America  is what  we call  addressing the  legacy of                                                                    
     toxic exposures, Agent Orange and dioxin.                                                                                  
                                                                                                                                
     Unfortunately  not all  wounds of  war are  immediately                                                                    
     obvious,  either  in immediate  service  or  in a  very                                                                    
     brief of time.  In fact, we know  that medical symptoms                                                                    
     can begin  to develop  after decades of  exposure. Most                                                                    
     service members  don't even know they're  being exposed                                                                    
     because they are not unaware  of the fact that there is                                                                    
     some sort  of toxic material  that they are  in contact                                                                    
     with.   We  have   specific  evidence   of  pieces   of                                                                    
     equipment,    including    trucks,    tanks,    planes,                                                                    
     helicopters, etc.,  all have  been brought back  to the                                                                    
     United States  where it had  been cleaned by  people in                                                                    
     the United States  who never went to  Vietnam, but came                                                                    
     down with toxic exposure as  a result of their exposure                                                                    
     to  the  pieces of  Agent  Orange  on these  pieces  of                                                                    
     equipment.  As a  medic  in Vietnam  in  1965 with  the                                                                    
     First Cav.,  we were  totally unaware of  the existence                                                                    
     of Agent  Orange, obviously  it was  highly classified.                                                                    
     One of the  things that we are trying to  do in showing                                                                    
     the Blue Water Navy problem, and  by the way, we have a                                                                    
     number  of Alaska  Vietnam veterans  who have  received                                                                    
     six figure checks  as a result of  their exposure which                                                                    
     has  helped them  pay for  their extraordinary  medical                                                                    
     demands, all of  which are currently being  paid for by                                                                    
     private  insurance,  the  state, and  municipal  health                                                                    
     care programs  because they previously did  not qualify                                                                    
     for these considerations.                                                                                                  
                                                                                                                                
9:10:46 AM                                                                                                                    
MR. DAVIDGE continued to explain Agent Orange's impact on                                                                       
Vietnam veterans:                                                                                                               
                                                                                                                                
     One  of  the  other  concerns that  we  have,  this  is                                                                    
     relatively new over  the last five to ten  years, is we                                                                    
     have  learned  that  there  is  an  additional  legacy,                                                                    
     particularly  of dioxin  in the  Agent Orange  exposure                                                                    
     were the progeny of Vietnam  vets who were exposed were                                                                    
     effected  by  Agent  Orange  in  that  it  changes  the                                                                    
     genetic   matrix  of   male  sperm   and  then   causes                                                                    
     significant  birth  defects.  The addition  of  Senator                                                                    
     Wielechowski's  resolution  to   this  resolution  will                                                                    
     bring  that  issue  as  well  forward  and  initiate  a                                                                    
     national  study by  the VA.  You would  think with  the                                                                    
     enormous amount of  money the VA has  to research these                                                                    
     kinds of things, their attention  on toxic exposures is                                                                    
     practically  non-existent. We  have  been screaming  at                                                                    
     the VA and at the  Department of Defense (DOD) to start                                                                    
     paying better attention to the  wounds created by toxic                                                                    
     exposures. Now  the beginning of the  current war there                                                                    
     was some effort  to do that by DOD and  kept records of                                                                    
     people who were exposed to  burn-pits and these kind of                                                                    
     things. But in the last  few years, six years, that has                                                                    
     basically  stopped so  we don't  have  that. Trying  to                                                                    
     prove that you are were  exposed is very difficult. The                                                                    
     most effective way  we have found to prove  it is using                                                                    
     the internet  where we have a  veteran, particularly an                                                                    
     Alaskan veteran  that we worked with  who came forward,                                                                    
     who has had leukemia for  a very long time. Leukemia is                                                                    
     one  of the  most prominent  illnesses as  a result  of                                                                    
     toxic  exposure   to  Agent   Orange  dioxin.   We  put                                                                    
     everything  that  we  could find  from  him,  including                                                                    
     pictures  he  took while  in  service,  put it  on  the                                                                    
     internet, and we were able  to put together a couple of                                                                    
     affidavits  from other  people who  swore that  in fact                                                                    
     this gentleman was exposed.                                                                                                
                                                                                                                                
MR. DAVIDGE  noted that this past  week he became aware  of a man                                                               
whose son championed his effort  and has just now been recognized                                                               
for Agent Orange  exposure. He noted that the man's  son used the                                                               
same kind of  approach by using the internet  to access pictures,                                                               
testimony, and affidavits from other people.                                                                                    
                                                                                                                                
9:12:59 AM                                                                                                                    
He continued:                                                                                                                   
                                                                                                                                
     The  state  of Alaska,  in  municipal  health care  and                                                                    
     private health  insurance, are the ones  that have been                                                                    
     paying for the results  of these toxic exposures; these                                                                    
     are direct results of service  and particularly in many                                                                    
     cases,   combat.   The   federal  government   has   an                                                                    
     extraordinary   moral   and   ethical   obligation   to                                                                    
     recognize  these  wounds  of   war  and  begin  to  pay                                                                    
     attention  to them.  I am  very delighted  that Senator                                                                    
     Wielechowski  and  my   friend  Gabrielle  LeDoux  came                                                                    
     together and  put this  together because  this actually                                                                    
     makes a  stronger statement from  the people  of Alaska                                                                    
     to  Congress and  to this  Administration to  recognize                                                                    
     Blue  Water Navy  and pay  attention to  the legacy  of                                                                    
     Agent  Orange.   We  have  now  three   generations  of                                                                    
     extraordinary  birth  defects  as   a  result  of  this                                                                    
     exposure. Mr.  Chairman, there is a  personal note, you                                                                    
     have been  a long  champion of  veterans in  this state                                                                    
     and we salute you sir.                                                                                                     
                                                                                                                                
CHAIR DYSON  asked him  to verify that  the Alaska  Department of                                                               
Health and Human Services (DHSS) has  been taking care of some of                                                               
the  toxic  exposure  issues  with some  of  Alaska's  vets  even                                                               
without the VA's support.                                                                                                       
                                                                                                                                
MR. DAVIDGE answered yes.                                                                                                       
                                                                                                                                
9:15:18 AM                                                                                                                    
CHAIR  DYSON  remarked that  he  is  disappointed with  the  VA's                                                               
reluctance nationwide  to treat  veterans who  present themselves                                                               
with  issues  that are  related  to  war.  He asserted  that  the                                                               
federal government is trying  to draw-the-curtain-down on Vietnam                                                               
veterans.                                                                                                                       
                                                                                                                                
MR. DAVIDGE replied  yes and referred to a book,  "Waiting for an                                                               
Army to Die." He noted  Agent Orange's effect through the progeny                                                               
of children and grandchildren.                                                                                                  
                                                                                                                                
9:17:00 AM                                                                                                                    
JOHN  PAUL ROSSIE,  Executive Director,  Blue Water  Navy Vietnam                                                               
Veterans  Association  (BWNVVA), Littleton,  Colorado,  explained                                                               
that BWNVVA has been helping  to get the information disseminated                                                               
to the  public and  legislators regarding  HR 543.  He summarized                                                               
that BWNVVA  is trying  to right  an "administrative  wrong" that                                                               
was put into place.                                                                                                             
                                                                                                                                
9:21:18 AM                                                                                                                    
CHAIR DYSON  asked if there were  people in the room  that wanted                                                               
to  testify on  HJR 25.  He  asked Representative  LeDoux if  she                                                               
supports Senator Wielechowski's amendment.                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX answered yes.                                                                                             
                                                                                                                                
CHAIR DYSON solicited motion to move Amendment 1.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI moved Amendment 1.                                                                                         
                                                                                                                                
9:21:53 AM                                                                                                                    
CHAIR DYSON  found no  objection and  announced that  Amendment 1                                                               
was  adopted. He  noted that  resolutions submitted  to the  U.S.                                                               
Congress are  not ignored  and ultimately  act as  an endorsement                                                               
from the people of Alaska.                                                                                                      
                                                                                                                                
9:23:40 AM                                                                                                                    
SENATOR GIESSEL moved  to report HJR 25,  28-LS1350\U as amended,                                                               
from committee with individual  recommendations and attached zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
9:24:00 AM                                                                                                                    
CHAIR DYSON  announced that without objection,  SCS CSHJR 25(STA)                                                               
has  passed   from  the  Senate  State   Affairs  Committee  with                                                               
individual recommendation and attached zero fiscal note.                                                                        
                                                                                                                                
9:24:17 AM                                                                                                                    
CHAIR DYSON declared that the committee will stand at ease.                                                                     
                                                                                                                                
                  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.                                                                       
                                                                                                                                
10:30:04 AM                                                                                                                   
There being  no further  business to  come before  the committee,                                                               
Chair Dyson adjourned the Senate  State Affairs Committee hearing                                                               
at 10:30 a.m.                                                                                                                   

Document Name Date/Time Subjects
HJR25-Sponsor Statement.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-CSHJR 25-MLV.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25A.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Explanation of Changes.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR 25 Fiscal Note-MLV.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Supporting Document-BlueWater.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Supporting Document-Congressman Gibson.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Supporting Documents-HR 543.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
HJR25-Supporting Documents-HR 543-Background.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
SB 209 Sponsor Statement.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB0209A.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DEC-FSS-03-28-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DHSS-CO-03-28-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOA-PUR-03-21-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOT-IASO-3-27-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOT-MVO-3-27-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOT-SEF-3-27-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB209-DOT-TMS-3-28-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Chicago Tribune oped on ecigs.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - JAMA - Abrams - Promise Peril of e-Cigarettes - Can Disruptive Technology Make Cigarettes Obsolete.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - LA Times editorial.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - LA-Dr Carmona's letter to council member B Parks.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Fatboy Vapors Alaska, LLC.docx SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Nitzkin testimony CA SB 648.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 648
SB 209 - NY Times Editorial e-cigs dec 2013.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Opposing Testimony - Chuck Connor.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Finney.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Edelen.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Carroll.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Hansen.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Lunde.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Paquette.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Opposition - Smith.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Support - Jones.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Support - Karl.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Support - Trojan.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 - Letter of Support - W. Jones.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
HJR 25 - Amendment 1.pdf SSTA 4/3/2014 9:00:00 AM
HJR 25
SB 209 Commonly Asked Questions about Electronic Cigarettes.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 CS C Version.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 CS Version C Sectional.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Doyon Resolution.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Doyon Support Letter.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 ATCA E-Cigarette Statement.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 ISER Anchorage Smoke Free Impacts.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Sponsor Statement Version C.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Support - AK Academy Family Physicians.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Support - Penn Smokefree Partnership.pdf SSTA 4/3/2014 9:00:00 AM
SB 209
SB 209 Support Emails Received Up To 4-2-14.pdf SSTA 4/3/2014 9:00:00 AM
SB 209