Legislature(2015 - 2016)BUTROVICH 205

04/09/2015 09:00 AM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 83 PEACE OFFICER/FIREFIGHTER RETIREMENT TELECONFERENCED
Heard & Held
+ SB 89 PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE TELECONFERENCED
<Pending Referral>
+= SB 1 REGULATION OF SMOKING TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   SB 1-REGULATION OF SMOKING                                                                               
                                                                                                                                
9:38:41 AM                                                                                                                    
CHAIR STOLTZE  called the committee  back to order  and announced                                                               
that SB 1 is before the committee.                                                                                              
                                                                                                                                
9:39:27 AM                                                                                                                    
DR.   GEORGE  STEWART,   MD   (retired),  representing   himself,                                                               
Anchorage, Alaska, said he supports SB  1. He specified that SB 1                                                               
is  about protecting  the health  of Alaskans.  He asserted  that                                                               
secondhand smoke  is toxic and causes  cancerous diseases, Sudden                                                               
Infant  Death  Syndrome,  harms children,  harms  women  who  are                                                               
pregnant, and  harms babies in  the uterus  of the women  who are                                                               
pregnant. He  said Alaskans  are entitled to  have clean  air. He                                                               
noted  that he  supports the  indoor banning  of e-cigarettes  as                                                               
well.                                                                                                                           
                                                                                                                                
9:43:33 AM                                                                                                                    
JENNIFER  WOOLEY, representing  herself, Anchorage,  Alaska, said                                                               
she  supports SB  1. She  said  health prioritization  is at  the                                                               
heart  of SB  1  and  the bill's  intent  is  to protect  working                                                               
Alaskans from secondhand smoke and aerosol.                                                                                     
                                                                                                                                
9:45:02 AM                                                                                                                    
GAIL  SCHIEMANN, representing  herself,  Anchorage, Alaska,  said                                                               
she supports  SB 1. She said  she is a non-smoker  who has worked                                                               
in  the  hospitality industry  for  20  years where  smoking  was                                                               
allowed  and  now  has   Chronic  Obstructive  Pulmonary  Disease                                                               
(COPD). She asserted that secondhand  smoke makes employees sick,                                                               
is real, and it kills.                                                                                                          
                                                                                                                                
9:45:47 AM                                                                                                                    
DARA  GLASS, representing  herself, Anchorage,  Alaska, said  she                                                               
supports SB 1. She revealed  personal experiences that shows non-                                                               
smokers can acquire lung cancer. She  added that her mother was a                                                               
non-smoker  who contracted  asthma due  to secondhand  smoke. She                                                               
asserted that secondhand  smoke leads to COPD,  heart issues, and                                                               
a variety of  other things. She said SB 1  will help mitigate the                                                               
health issues  created by secondhand  smoke, improve  the state's                                                               
economy, and lower the cost of medical care.                                                                                    
                                                                                                                                
9:47:21 AM                                                                                                                    
LUAN JENSEN,  representing herself,  Anchorage, Alaska,  said she                                                               
supports SB 1. She stated that  SB 1 will protect all Alaskans in                                                               
their workplaces. She  asked that SB 1 include the  indoor ban of                                                               
e-cigarettes.  She  cited  a  study  demonstrating  e-cigarettes'                                                               
possible  consequences   that  are  significant   to  respiratory                                                               
health.                                                                                                                         
                                                                                                                                
9:48:19 AM                                                                                                                    
SHEB GARFIELD,  representing himself, Anchorage, Alaska,  said he                                                               
opposes  SB 1.  He noted  that he  is an  ex-smoker, now  an avid                                                               
vapor and  a manager  at a  vaping café.  He shared  studies that                                                               
showed  secondhand  vapor  as  being  risk-free.  He  noted  that                                                               
nicotine  is  one  of  the  safest drugs  and  the  problem  with                                                               
secondhand smoke is due to combusting tobacco.                                                                                  
                                                                                                                                
CHAIR STOLTZE  noted that there  has been  a lot volume  from the                                                               
public on the vaping issue.                                                                                                     
                                                                                                                                
9:52:16 AM                                                                                                                    
BEN NGUYEN,  representing himself,  Eagle River, Alaska,  said he                                                               
opposes SB 1.  He noted that he co-owns Cloud  49 in Eagle River,                                                               
a vape  shop. He said he  discontinued smoking two years  ago and                                                               
currently uses  e-cigarettes. He  asserted that  e-cigarettes are                                                               
an  alternative to  cigarette smokers  with less  harmful effects                                                               
and a lower  cost. He asked that  more time be given  to study e-                                                               
cigarettes and noted their possible  benefit in helping cigarette                                                               
smokers  avoid  lung  cancer.  He summarized  that  SB  1  simply                                                               
requests  people  to  take  smoking  outside,  but  incorporating                                                               
electronic vaporizing  into the  bill will cause  a domino-effect                                                               
that would demean  the effort in helping  people quit traditional                                                               
smoking.                                                                                                                        
                                                                                                                                
9:57:16 AM                                                                                                                    
JANET  KINCAID, representing  herself, Palmer,  Alaska, said  she                                                               
supports SB 1. She noted that  she spearheaded a campaign to make                                                               
Palmer smoke-free  and the ordinance  passed via  referendum. She                                                               
detailed that  most of Palmer's  bar owners are grateful  for the                                                               
ordinance with  some noting  that business  has increased  with a                                                               
decreased maintenance  costs. She  summarized that  SB 1  is good                                                               
for business and good for health.                                                                                               
                                                                                                                                
9:58:10 AM                                                                                                                    
BRENDA SHELDEN,  representing herself, Wasilla, Alaska,  said she                                                               
supports SB 1. She pointed  out that regulations already in place                                                               
have dispelled  the assertion that  smoke-free laws will  cause a                                                               
financial  barrier for  businesses. She  added that  studies have                                                               
shown  the detriment  of secondhand  smoke.  She summarized  that                                                               
making  an   investment  in  employees'  health   by  eliminating                                                               
secondhand  smoke  in  workplaces  will  result  in  a  safe  and                                                               
productive worker with reduced healthcare costs.                                                                                
                                                                                                                                
9:59:12 AM                                                                                                                    
ROBIN  MINARD,   Director  of   Public  Affairs,   Mat-Su  Health                                                               
Foundation, Wasilla,  Alaska, read  a submitted letter  on record                                                               
from board  member Benjamin Olmedo in  support of SB 1.  She read                                                               
that secondhand smoke has been  proven to be directly responsible                                                               
for a number  of poor health outcomes and  banning indoor smoking                                                               
in  the  workplace is  not  about  individual rights,  but  about                                                               
protecting public health.                                                                                                       
                                                                                                                                
10:01:31 AM                                                                                                                   
MISTY  JENSEN, representing  herself, Wasilla,  Alaska, said  she                                                               
supports SB  1. She set forth  that everyone has the  right to be                                                               
free  from  the harmful  effects  of  secondhand smoke,  but  not                                                               
everyone  has the  opportunity  to choose  where  they work.  She                                                               
pointed out  that SB 1  is about  taking smoking outdoors  and is                                                               
about the smoke,  not about the smoker. She summarized  that SB 1                                                               
protects all Alaskans  because everyone has the  right to breathe                                                               
smoke-free air.                                                                                                                 
                                                                                                                                
10:03:07 AM                                                                                                                   
ELIZABETH RIPLEY,  Executive Director, Mat-Su  Health Foundation,                                                               
Wasilla, Alaska,  said she supports  SB 1. She noted  that Mat-Su                                                               
has some  of the highest tobacco  use rates in the  nation, which                                                               
increases chronic  respiratory disease  rates. She  asserted that                                                               
tobacco use costs Alaska $579  million annually in direct medical                                                               
costs and  lost productivity  due to  tobacco related  death. She                                                               
set  forth  that  strengthening Alaska's  smoke-free  public  and                                                               
workplace  statutes  will  help reduce  healthcare  and  Medicaid                                                               
costs  attributed to  tobacco use.  She added  that studies  have                                                               
shown  that  smoke-free laws  have  led  to increased  smoke-free                                                               
policies  in homes  that have  directly  and positively  impacted                                                               
children's health. She pointed out  that every community that has                                                               
enacted  smoking  bans  has seen  a  decrease  in  cardiovascular                                                               
events. She disclosed that increasing  tobacco-free Alaskans is a                                                               
goal of Healthy Alaskans 2020 and  clean indoor air is the number                                                               
one strategy  of the Alaska  Prevention and Control  Program. She                                                               
revealed that only  half of Alaskans are  protected by smoke-free                                                               
workplace  laws. She  disclosed that  many jurisdictions  such as                                                               
the Mat-Su  Borough do  not have the  health powers  necessary to                                                               
pass an  area wide smoke-free law.  She said Alaska needs  a more                                                               
robust  clean indoor  air statute,  which includes  e-cigarettes.                                                               
She asserted that  SB 1 is the next step  in further reducing the                                                               
smoking rates and secondhand smoke exposure in Alaska.                                                                          
                                                                                                                                
10:06:20 AM                                                                                                                   
GEORGE  GATTER, representing  himself,  Kodiak,  Alaska, said  he                                                               
opposes SB 1. He  noted that he owns both a  smoking bar and non-                                                               
smoking  bar in  Kodiak. He  disclosed  that he  and another  bar                                                               
owner have  switched between allowing  and not  allowing smoking.                                                               
He revealed  that switching his establishment  to non-smoking for                                                               
60  days saw  a huge  revenue decline.  He pointed  out that  his                                                               
business  is on  private property  and he  reserves the  right to                                                               
conduct business  as he sees fit.  He noted that everyone  in his                                                               
establishment is  over 21  and the bill  does not  protect anyone                                                               
that  doesn't want  to be  at in  his establishment.  He asserted                                                               
that laws  should be  made to  protect the  youth and  adults who                                                               
cannot protect themselves. He stated  that pushing smokers from a                                                               
controlled  space  out into  the  streets  in front  of  Alaska's                                                               
youthful  eyes will  create the  next generation  of smokers.  He                                                               
remarked that Grandfather  Rights have never been  brought up for                                                               
smoking  establishments  and  noted that  his  establishment  has                                                               
allowed smoking for  45-plus years. He summarized that  SB 1 will                                                               
dramatically affect his business.                                                                                               
                                                                                                                                
10:08:41 AM                                                                                                                   
BETTY MACTAVISH,  representing herself, Kodiak, Alaska,  said she                                                               
supports SB  1. She revealed  that Kodiak  is not covered  by any                                                               
smoke-free  workplace law.  She said  SB  1 will  protect the  50                                                               
percent  of Alaskan  workers who  are not  covered by  smoke-free                                                               
workplace  laws. She  pointed out  that Kodiak's  local newspaper                                                               
conducted a survey  and 71 percent responded in  favor of passing                                                               
SB  1.  She  added  that  the  Kodiak  Island  Borough  passed  a                                                               
resolution in support  of SB 1. She summarized that  lives are at                                                               
stake.                                                                                                                          
                                                                                                                                
10:09:49 AM                                                                                                                   
TERRENCE ROBBINS,  representing himself, Ketchikan,  Alaska, said                                                               
he supports  SB 1. He  said smoking  is addictive and  deadly. He                                                               
said  protecting  Alaskans  from  secondhand  smoke  will  surely                                                               
prevent  illness, save  lives, help  tobacco users  quit smoking,                                                               
and reduce youth smoking rates.                                                                                                 
                                                                                                                                
10:10:50 AM                                                                                                                   
JENNY  OLENDORFF, representing  herself,  Soldotna, Alaska,  said                                                               
she  supports  SB  1.  She  disclosed that  she  was  exposed  to                                                               
secondhand  smoke  in   an  office  for  five  years   due  to  a                                                               
neighboring business.  She revealed that the  building's landlord                                                               
refused to honor their request  to simply require the neighboring                                                               
business to have  their employees and patrons  take their smoking                                                               
outside.  She  summarized that  SB  1  will protect  all  Alaskan                                                               
workers in their workplace from  secondhand smoke and e-cigarette                                                               
aerosol.                                                                                                                        
                                                                                                                                
10:12:07 AM                                                                                                                   
GARY  SUPERMAN, representing  himself, Nikiski,  Alaska, said  he                                                               
opposes SB  1. He disclosed  that he owns  the Hunger Hut  Bar in                                                               
Nikiski; board member for the  Alaska Cabaret, Hotel, Restaurant,                                                               
and Retailers  Association (CHARR);  and president for  the Kenai                                                               
Peninsula CHARR. He revealed that  he presented a petition to the                                                               
Legislature  with  over  700 signatures  and  remarked  that  the                                                               
bill's sponsor  indicated that the petition  was inconsequential.                                                               
He stated  that 99 percent  of the locations  noted in SB  1 will                                                               
ban smoking.  He conceded  that compelling  reasons exist  to ban                                                               
smoking  where  people enter  locations  that  deal with  travel,                                                               
healthcare, government  services, shopping, or  eating locations.                                                               
He asserted  that no compelling  reason exists  to go into  a bar                                                               
and  the act  is  simply a  choice that  deserves  the rights  of                                                               
patrons to be preserved as  the last public sanctuary that allows                                                               
smoking. He set  forth that SB 1 is disingenuous  and targets the                                                               
few bars  that still allow smoking.  He asked what harm  is being                                                               
done to society by allowing  the remaining bars to allow smoking.                                                               
He divulged  that 30  states have complete  bans, but  asked that                                                               
Alaska stay  in the  category where 20  states allow  smoking. He                                                               
asserted  that countless  testimony exists  from businesses  that                                                               
have closed or lost revenue due to  smoking bans. He said SB 1 is                                                               
tailor-made  to   destroy  his  business  and   other  businesses                                                               
throughout the state.  He commented that people may  not like the                                                               
way smokers carry on with their  lives or some of their behavior;                                                               
however,  smokers  as a  group  should  still  be allowed  to  be                                                               
captains  of  their  fate  and   masters  of  their  destiny.  He                                                               
summarized that smoking  is a matter of choice and  he asked that                                                               
the Legislature work towards a  reasonable exemption clause in SB
1.                                                                                                                              
                                                                                                                                
10:14:34 AM                                                                                                                   
SUSAN  SMALLEY, representing  herself,  Kenai,  Alaska, said  she                                                               
supports SB  1. She disclosed that  she is a cancer  survivor and                                                               
concurred  with  Dr.  Stewart's  testimony  on why  SB  1  is  so                                                               
critical. She asserted that all  Alaskans have a right to breathe                                                               
clean air in the workplace.                                                                                                     
                                                                                                                                
10:16:21 AM                                                                                                                   
CHRYSTAL SCHOENROCK, representing  herself, Nikiski, Alaska, said                                                               
she opposes  SB 1. She disclosed  that she owns Forelands  Bar in                                                               
Nikiski. She  explained that  all of  her business's  patrons and                                                               
employees smoke and  those that walk into  her establishment that                                                               
do  not  smoke and  or  do  not drink  do  so  as a  choice.  She                                                               
suggested  that a  posting of  sign be  allowed where  people are                                                               
warned  that smoking  is allowed  and  entering is  at one's  own                                                               
risk. She  set forth  that SB  1 takes  away rights  and asserted                                                               
that  smokers  have to  have  a  place  to  smoke too.  She  said                                                               
supporters of  SB 1 do  not come into her  bar and she  asked why                                                               
her patrons and employees that smoke have to be punished.                                                                       
                                                                                                                                
10:17:41 AM                                                                                                                   
DANIEL  LYNCH, representing  himself, Soldotna,  Alaska, said  he                                                               
opposes SB 1.  He set forth that tobacco is  legal for adults and                                                               
many believe in  a free market economy where  businesses have the                                                               
freedom to  choose how  they operate. He  pointed out  that Kenai                                                               
and Soldotna offer a choice  for owners, employees, and consumers                                                               
to choose between separate smoking  non-smoking bars. He remarked                                                               
that restaurant  employees that work  in a drive-thru  window are                                                               
exposed  to 100  times  more deadly  carcinogens from  automotive                                                               
exhaust than  from cigarettes or  e-cigarettes. He  asserted that                                                               
Alaska  does  not have  the  funds  to enforce  the  restrictions                                                               
imposed from SB 1 and added  that the state, boroughs, and cities                                                               
will  lose  tobacco  tax  revenue.   He  said  SB  1  will  cause                                                               
unintended consequences. He said there is  no reason for SB 1 and                                                               
pointed  out that  education and  habits are  annually decreasing                                                               
the  number  of  smokers.  He  summarized that  SB  1  is  not  a                                                               
workplace  safety issue,  but  a freedom  issue  and an  unfunded                                                               
mandate.                                                                                                                        
                                                                                                                                
10:21:02 AM                                                                                                                   
MICHAEL PATTERSON, representing himself,  Juneau, Alaska, said he                                                               
supports  SB 1.  He said  many people  have died  from secondhand                                                               
smoke and pointed out that no  one decides to become a secondhand                                                               
smoker.  He  set  forth  that  tobacco  products  being  sold  to                                                               
children is  a clear and  present danger.  He asserted that  SB 1                                                               
will positively  affect all Alaskans.  He asked  that legislators                                                               
not be swayed by businesses that  are in the tobacco business. He                                                               
summarized  that  he supports  SB  1  with  the inclusion  of  e-                                                               
cigarettes.                                                                                                                     
                                                                                                                                
10:25:09 AM                                                                                                                   
ANDREW MACEBO,  representing himself, Anchorage, Alaska,  said he                                                               
opposes  SB  1.  He  asserted that  e-cigarettes  should  not  be                                                               
included in the legislation because  vaping is not the same thing                                                               
as  combustion and  smoke. He  agreed that  areas should  be kept                                                               
clear of smoking from cigarettes,  but e-cigarettes should not be                                                               
included.                                                                                                                       
                                                                                                                                
10:26:22 AM                                                                                                                   
LARRY  HACKENMILLER,  representing  himself,  Fairbanks,  Alaska,                                                               
said  he opposes  SB 1.  He asserted  that the  bill's intent  to                                                               
protect the public is a hazard-con.  He remarked that he does not                                                               
understand  why big  government  wants to  protect public  rights                                                               
because the  people choose  not to or  don't have  the government                                                               
power to  do it  themselves in  their respective  communities. He                                                               
stated that the con is  representing secondhand smoke as a hazard                                                               
when every chemical associated with  secondhand smoke falls under                                                               
the permissible  exposure limits established by  the Occupational                                                               
Safety and  Health Administration (OSHA) using  the chemical list                                                               
provided  by the  US Environmental  Protection  Agency (EPA).  He                                                               
recommended that  signs be posted to  identify smoking facilities                                                               
to allow  the public  to exercise their  right to  smoke-free air                                                               
and  protect  themselves from  the  perceived  risks of  inhaling                                                               
secondhand smoke.  He added  that proper  signage would  the less                                                               
restrictive  means   of  advancing  the  state's   public  health                                                               
interest.                                                                                                                       
                                                                                                                                
10:30:02 AM                                                                                                                   
FLORA RODDY,  representing herself,  Fairbanks, Alaska,  said she                                                               
supports SB 1 with the inclusion of e-cigarettes.                                                                               
                                                                                                                                
10:30:24 AM                                                                                                                   
ERIN  SHEFFLETTE, representing  herself, Fairbanks,  Alaska, said                                                               
she supports SB 1 with the inclusion of e-cigarettes.                                                                           
                                                                                                                                
10:31:30 AM                                                                                                                   
ARIEL  HASSE, representing  herself,  Wasilla,  Alaska, said  she                                                               
supports  SB  1. She  asserted  that  SB  1 will  protect  future                                                               
generations from secondhand smoke.                                                                                              
                                                                                                                                
10:34:59 AM                                                                                                                   
LUCAS  ARTHUR, representing  himself,  Wasilla,  Alaska, said  he                                                               
supports SB 1 with the inclusion of e-cigarettes.                                                                               
                                                                                                                                
10:36:43 AM                                                                                                                   
KEA BEKKEDAHL,  representing herself,  Wasilla, Alaska,  said she                                                               
supports SB 1.  She asserted that allowing employees  to smoke at                                                               
work encourages an unhealthy lifestyle.                                                                                         
                                                                                                                                
10:38:14 AM                                                                                                                   
CHAIR STOLTZE announced that SB 1 will be held in committee.                                                                    

Document Name Date/Time Subjects
SB1 DOT-IASO 3-27-15.pdf SSTA 4/9/2015 9:00:00 AM
SB 1
SB1 Letters of Support for SSTA (3-31-15 to 4-8-15).pdf SSTA 4/9/2015 9:00:00 AM
SB 1
SB1 Letters of Opposition for SSTA (3-31-15 to 4-8-15).pdf SSTA 4/9/2015 9:00:00 AM
SB 1
SB83 Sponsor Statement.pdf SSTA 4/9/2015 9:00:00 AM
SB 83
SB83 Presentation to SSTA - Variable Retirement Plan 4-9-15.pdf SSTA 4/9/2015 9:00:00 AM
SB 83
28th Legislature - HB247 Fiscal Note-DOA-DRB-02-28-2014.pdf SSTA 4/9/2015 9:00:00 AM
SB 83
28th Legislature - HB247 Actuarial Fiscal Note-DOA-DRB-02-28-2014.pdf SSTA 4/9/2015 9:00:00 AM
SB 83
SB83 Support Document - Email Angie & Matt Fraize 4-10-15.pdf SSTA 4/9/2015 9:00:00 AM
SB 83
SB83 Support Document - Letter (HB90) Patrick O'Connor 4-9-15.pdf SSTA 4/9/2015 9:00:00 AM
HB 90
SB 83