Legislature(2019 - 2020)BARNES 124
03/05/2020 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB174 | |
| HCR14 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 174 | TELECONFERENCED | |
| *+ | HCR 14 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 5, 2020
8:02 a.m.
MEMBERS PRESENT
Representative Harriet Drummond, Co-Chair
Representative Sara Hannan, Co-Chair
Representative Matt Claman
Representative Steve Thompson
MEMBERS ABSENT
Representative Jonathan Kreiss-Tomkins
Representative Sharon Jackson
Representative DeLena Johnson
COMMITTEE CALENDAR
HOUSE BILL NO. 174
"An Act raising the minimum age to purchase, sell, exchange, or
possess a product containing nicotine or an electronic smoking
product; and providing for an effective date."
- HEARD & HELD
HOUSE CONCURRENT RESOLUTION NO. 14
Proclaiming March 2020 as Brain Injury Awareness Month.
- MOVED HCR 14 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 174
SHORT TITLE: MIN. AGE TO POSSESS NICOTINE/ECIG PRODUCT
SPONSOR(s): REPRESENTATIVE(s) KNOPP
05/15/19 (H) READ THE FIRST TIME - REFERRALS
05/15/19 (H) CRA, JUD
03/05/20 (H) CRA AT 8:00 AM BARNES 124
BILL: HCR 14
SHORT TITLE: BRAIN INJURY AWARENESS MONTH
SPONSOR(s): REPRESENTATIVE(s) TUCK
02/21/20 (H) READ THE FIRST TIME - REFERRALS
02/21/20 (H) CRA
03/05/20 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE GARY KNOPP
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 174.
KERRY CROCKER, Staff
Representative Gary Knopp
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 174 on behalf of
Representative Knopp, prime sponsor.
INTIMAYO HARBISON, Staff
Representative Gary Knopp
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Knopp, prime
sponsor, explained changes in a committee substitute and offered
a sectional analysis during the hearing on HB 174.
JOE DARNELL, Investigator III
Tobacco Youth Education & Enforcement Program
Division of Behavioral Health
Department of Health & Social Services
Anchorage, Alaska
POSITION STATEMENT: Offered information and answered questions
during the hearing on HB 174.
REPRESENTATIVE CHRIS TUCK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HCR 14.
ANNETTE ALFONSI, Alaska Coordinator
Unmasking Brain Injury
Anchorage, Alaska
POSITION STATEMENT: Talked about brain injury awareness during
the hearing on HCR 14.
ACTION NARRATIVE
8:02:32 AM
CO-CHAIR HARRIET DRUMMOND called the House Community and
Regional Affairs Standing Committee meeting to order at 8:02
a.m. Representatives Thompson, Claman, Hannan, and Drummond
were present at the call to order.
HB 174-MIN. AGE TO POSSESS NICOTINE/ECIG PRODUCT
8:03:30 AM
CO-CHAIR DRUMMOND announced that the first order of business
would be HOUSE BILL NO. 174, "An Act raising the minimum age to
purchase, sell, exchange, or possess a product containing
nicotine or an electronic smoking product; and providing for an
effective date."
8:03:41 AM
CO-CHAIR HANNAN moved to adopt the proposed committee substitute
(CS) for HB 174, Version 31-LS0957\S, Caouette/Radford, 2/21/20,
as a working document.
CO-CHAIR DRUMMOND objected for purposes of discussion.
8:04:16 AM
REPRESENTATIVE GARY KNOPP, Alaska State Legislature, as prime
sponsor, presented HB 174. He explained that in the original
bill version there was an exemption for military personnel to
keep the age limit to 18; however, since then the federal
government has taken action to set the federal standard at 21.
The purpose of the proposed CS was to comply with the federal
standard.
REPRESENTATIVE KNOPP said even with the change in the federal
government standard, the state's penalties are slightly harsher.
He explained:
So, if you were to sell to a person under 21 but age
20, the federal ... penalties would apply; but if you
sold to somebody under the age of 19, then the state
regulations would apply. So, that's the discrepancy
in the age difference. So, if we bring the ...
state's limit up to 21, then we eliminate that, and
then ... the penalties we had put in over time for
selling tobacco products to underage minors would
apply.
8:06:40 AM
CO-CHAIR DRUMMOND noted those available to answer questions.
8:07:01 AM
KERRY CROCKER, Staff, Representative Gary Knopp, Alaska State
Legislature, presented HB 174 on behalf of Representative Knopp,
prime sponsor. He read the sponsor statement, which read as
follows [original punctuation provided]:
House Bill 174 HB 174 will change Alaska Statute to
match recently implemented Federal guidelines for the
sale of tobacco products. This bill will raise the
legal age of tobacco use in Alaska to 21 and in doing
so end discrepancies in both statute and enforcement
between federal and state tobacco use laws.
According to the Department of Health and Human
Services, smoking costs the State of Alaska
$575,000,000.00 in direct medical expenditures and
kills an estimated 700 persons annually. The deaths of
Alaskans to smoking further costs the state
$261,000,000.00 yearly in lost productivity.
According to the Alaska Youth Risk Behavior Survey 12%
of male youths and 9% of female youths use tobacco
products. This use of tobacco products becomes more
prevalent the higher the grade level the student is
in; rising from 6% in 9th grade to 16% in 12th grade.
The doubling of the number of youth tobacco users
between their freshman and senior years of high school
highlights how access to tobacco products leads to a
rise in tobacco use. By raising the legal age of
tobacco use to the age of 21 from the age of 19 we
will be further removing access to tobacco products
from Alaskan youth by removing access within their own
peer groups.
The Alaska Department of Health and Human Services
cites that in 2017 only 11% of Alaskan high school
students who used tobacco products purchased those
products for themselves. That leaves 89% of Alaskan
high school students who obtain tobacco products by
other means, including, borrowing them from a peer or
giving a peer over the legal age money to purchase
tobacco products on their behalf.
It is important to match Alaskan smoking statutes with
federal guidelines in order to allow State law
enforcement personnel to prevent and enforce sales to
under age consumers.
It is the intent of this bill to not only match Alaska
Statute with Federal guidelines, but to combat tobacco
use among Alaskan children.
MR. CROCKER noted that Alaska receives approximately $2.8
million in federal substance abuse grants, and if the state does
not comply with the federal standard set at age 21, then it
would "eventually lose some of those grants."
8:09:14 AM
INTIMAYO HARBISON, Staff, Representative Gary Knopp, Alaska
State Legislature, on behalf of Representative Knopp, prime
sponsor, explained changes in a committee substitute and offered
a sectional analysis during the hearing on HB 174. He explained
that Version S would remove Section 3 of the original bill
pertaining to correctional facilities and active duty military
members; it would amend Section 5 to remove language pertaining
to active members of the armed forces of the United States;
Section 6 would be amended by the removal of [paragraph (3),
subparagraph (B)] and [paragraph (4), subparagraph (B)], both
relating to active duty members; it would amend Section 12 to
remove [paragraph (6)], pertaining to active duty members of the
armed forces; and it would add Section 15, to repeal AS
11.76.100(e).
MR. HARBISON next presented the sectional analysis, which read
as follows [original punctuation provided]:
Section 1: Amends Alaska Statute to raise the age of
selling or giving tobacco, from Minor to 21.
Section 2: Amends Alaska Statute to raise the age of
selling or giving tobacco, from 19 to 21.
Section 3: Amends Alaska Statute to raise the age of
possession for tobacco from 19 to 21. Removes
exemptions for prisoners.
Section 4: Amends Alaska Statute to change the age in
the sale of tobacco outside a controlled area from 19
to 21.
Section 5: Amends Alaska Statute to change the age of
selling or giving a product containing nicotine to a
minor from Minor to 21.
Section 6: Amends Alaska Statute to change the age of
selling or giving a product containing nicotine to a
minor from 19 to 21.
Section 7: Amends Alaska Statute to change the age of
selling or giving a product containing nicotine to a
minor from 19 to 21.
Section 8: Amends Alaska Statute to change the age of
selling or giving a product containing nicotine to a
minor from 19 to 21.
Section 9: Amends Alaska Statute to change the age on
the restriction on shipping or transporting cigarettes
from 19 to 21.
Section 10: Amends Alaska Statute to change the age on
license endorsement for the sale of tobacco products
from 19 to 21.
Section 11: Amends Alaska Statute to change the age on
license endorsement for the sale of tobacco products
from 19 to 21.
Section 12: Amends Alaska Statute to change the age on
license endorsement for the sale of tobacco products
from 19 to 21.
Section 13: Amends Alaska Statute to change the age on
license endorsement for the sale of tobacco products
from 19 to 21.
Section 14: Amends Alaska Statute to change the age of
possession for tobacco under provisions inapplicable
from 19 to 21.
Section 15: No changes in this section. AS
11.76.100(e) is repealed.
Section 16: Provides effective date of 01/01/2021.
8:12:28 AM
CO-CHAIR DRUMMOND removed her objection to the motion to adopt
the proposed committee substitute (CS) for HB 174, Version 31-
LS0957\S, Caouette/Radford, 2/21/20, as a working document.
There being no further objection, Version S was before the
committee.
8:12:47 AM
REPRESENTATIVE THOMPSON asked for confirmation that currently an
establishment that sells cigarettes to someone under 21 years of
age can lose its business license.
MR. HARBISON answered that currently, because the State of
Alaska has set the age of 19 in statute, it would not be able to
enforce the federal regulation of age 21; therefore, the State
of Alaska currently could not penalize any establishment for
selling to somebody who is [19 or 20 years of age].
8:13:47 AM
REPRESENTATIVE KNOPP offered his understanding that what
Representative Thompson wanted to know was whether a licensed
facility selling tobacco products could lose its license for
selling to an underage minor.
REPRESENTATIVE THOMPSON confirmed that is correct.
REPRESENTATIVE KNOPP mentioned penalties and said that "so much
of that is in regulation not in statutes." He offered his
understanding that "they actually are suspended from selling for
the 20 days on a first offense." Subsequent offenses could
result in a [selling license] being revoked.
REPRESENTATIVE THOMPSON expressed concerned about an
establishment losing its business license.
REPRESENTATIVE KNOPP confirmed that the loss is of the license
[to sell tobacco products] - not the business license. In
response to a follow-up question, he said currently businesses
[that want to sell tobacco products] get an endorsement on their
licenses.
8:15:24 AM
CO-CHAIR HANNAN asked for a description of the specific
licensure to sell tobacco and the current process of punishment
for violations and whether anything about that other than age
requirement would be changed under Version S.
8:16:15 AM
JOE DARNELL, Investigator III, Tobacco Youth Education &
Enforcement Program, Division of Behavioral Health, Department
of Health & Social Services, stated that in order to sell
tobacco products in the state of Alaska, a retailer is required
to have a business license and a tobacco endorsement. Once a
retailer is convicted of selling to a minor "that conviction
then goes over to licensing and licensing uses the conviction
under statute to suspend the endorsement." He confirmed the
bill sponsor's response that the first offense is a 20-day
suspension, with a possibility of mitigating that penalty down
to a 10-day suspension. At the point of first offense the
business is "on a 2-year clock" and can be issued a 45-day
suspension if another offense occurs within two years of the
first. He said, "A second one after that is a 90-day
suspension, and a third they can lose their endorsement,
depending on circumstances, from one year to indefinitely."
Under HB 174, he said, none of that would change; the bill would
just raise the age from 19 to 21. In response to a follow-up
question from Co-Chair Hannan, he said currently there are
1,500-1,600 endorsements and the division has a staff of 3 that
do active enforcement. He said currently there is "a 6 percent
sell rate of tobacco to minors" and 10-20 suspensions a year.
He said it takes time to go through the suspension process; for
example, the sale could have taken place in January and the
suspension may not happen until October. He upped his previous
estimation of 10-20 suspensions to 20-25 suspension annually.
8:19:51 AM
CO-CHAIR DRUMMOND stated her assumption that when an endorsement
is suspended, the retailer's tobacco products stay on the shelf
but cannot be sold and most likely cannot be sold back to the
wholesaler; therefore, the retailer is "stuck with the product
until the suspension is lifted."
MR. DARNELL answered that is correct.
8:20:26 AM
CO-CHAIR DRUMMOND announced that HB 174 was held over.
HCR 14-BRAIN INJURY AWARENESS MONTH
8:20:40 AM
CO-CHAIR DRUMMOND announced that the final order of business
would be HOUSE CONCURRENT RESOLUTION NO. 14, Proclaiming March
2020 as Brain Injury Awareness Month.
8:21:02 AM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, as prime
sponsor, presented HCR 14, which would proclaim March 2020 as
Brain Injury Awareness Month in Alaska. He said the theme for
this year's campaign is "Change Your Mind." He continued:
This resolution seeks to draw attention to the effects
of brain injuries and the ways to prevent them. Right
now millions of people worldwide are living with a
brain injury, and they're categorized as "traumatic"
and "acquired." As noted in the resolution, the Brain
Injury Association of America reports that every 96
seconds someone in the U.S. sustains a brain injury.
REPRESENTATIVE TUCK directed attention to the definition of
traumatic brain injury (TBI), on page 1, lines [7-8], which is
"a disruption in the normal function of the brain that can be
caused by a bump, blow, or jolt to the head, or penetrating head
injury". He offered the following statistics: 12 percent of
the general population has experienced at least 1 TBI; 1 in 60
people in the U.S. lives with a TBI related injury; 50,000 each
year die of traumatic brain injuries; an estimated 3.5-5.3
million Americans live with long-term disabilities resulting
from traumatic brain injuries; and in 2016 and estimated 27
million cases of TBIs were reported worldwide.
REPRESENTATIVE TUCK said TBIs can be prevented. He talked about
military helmets from World War I to present and said
preventative measures have been around for a long time. He
expressed that he feels pride when he sees people wearing
helmets when they ride bicycles, skateboard, and rollerblade.
He shared that as an avid snow machine rider and motorcyclist
and always wears a helmet. He wrote a report in the eighth
grade about the importance of wearing helmets, and this
experience made a lasting impression.
REPRESENTATIVE TUCK advised that TBI is an underrecognized
health problem; the Centers for Disease Control and Prevention
(CDC) notes that everyone is at risk for TBI, especially young
children and older adults. He said TBIs [result in] a variety
of physical, cognitive, social, emotional, and behavioral
issues; outcomes can vary from total recovery to permanent
disability or even death. Immediately following injury, some
signs of TBI include being dazed and confused, persistent neck
pain, sensitivity to light or noise, loss of balance, changes in
sleeping patterns, and not remembering the injury. He said
acquired brain injuries are those caused by strokes, oxygen
deprivation, seizures, tumors, and substance abuse. The Brain
Injury Association of America estimates that over 3.5 million
children and adults sustain acquired brain injury each year. He
related a story about a former Representative who sustained
brain injury and the importance of early awareness and
treatment.
REPRESENTATIVE TUCK stated his belief that proclaiming March as
Brain Injury Awareness month would increase awareness of TBI and
acquired brain injury (ABI) and hopefully prevent future brain
injuries. He said Annette Alfonsi, from Unmasking Brain Injury,
would provide invited testimony, and he noted that Unmasking
Brain Injury is mentioned in the third-to-last "WHEREAS" clause.
As shown in the second-to-last "WHEREAS" clause, he pointed out
that Brain Injury Awareness Month is recognized by the U.S.
Department of Defense.
8:27:00 AM
REPRESENTATIVE THOMPSON questioned why HCR 14 proposed only
March 2020 rather than in perpetuity.
REPRESENTATIVE TUCK explained that making March of every year
Brain Injury Awareness Month would require a bill rather than a
resolution.
8:28:33 AM
CO-CHAIR DRUMMOND announced that the committee would hear
invited testimony on HCR 14.
8:28:44 AM
ANNETTE ALFONSI, Alaska Coordinator, Unmasking Brain Injury,
paraphrased her written testimony, which read as follows
[original punctuation provided]:
Thank you for letting me speak with you today. My name
is Annette Alfonsi. Before 2012, I worked for the 1%,
had a college degree, was in great health, and was
looking at grad school. After I was a passenger in a
rollover car accident with a reckless driver, my
primary provider gave me one day off of work to rest.
I had multiple internal injuries and persistent
concussion symptoms over time, and was told different
things by doctors. Some didn't believe me or assumed
my symptoms were only behavioral and not physical, and
some said my healing would not improve and I would
live my life with my current symptoms and would never
work again, or that I should be a housewife. None of
them supported treatments for healing. I was laid off
one business day before I would have qualified for
medical leave, was denied disability, and was told at
the municipal and state level that I am not in a
category people care to help. I no longer have a
retirement. I am statistically likely to get
reinjured, experience homelessness, have lower
lifetime outcomes, and have greater risk for comorbid
health conditions that most health providers don't
currently know they should be screening for.
Multidisciplinary treatment, working with a brain
injury specialist physician and leaving Alaska for
treatment is what helped me. Leaving was less
expensive and more effective than what I paid for and
experienced here.
When the brain injury doctor I was seeing left Alaska
in 2015, I planned a TBI conference while recovering
from back surgery, so her knowledge could stay in
Alaska. Over 100 people attended. By request, this led
to our annual conferences with different host
organizations. I've been told I cannot attend
educational events because I am a patient, so the
events I plan allow everyone to learn the same thing
and facilitates advocacy with knowledge.
This year, I am planning another TBI conference hosted
by Hope Community Resources on Friday, March 27 and
Saturday, March 28. We have continuing education
credits approved in 8 professional fields, and we're
offering distance education, so you are all invited to
attend for free. I plan this with volunteers that want
standards of excellence in multidisciplinary and
intercultural health care around brain injury in
Alaska. Go to AlaskaBrainInjuryEducation.com for more
info.
In 2017 I became the Alaska Coordinator for Unmasking
Brain Injury, an internationally known brain injury
awareness project, in which people with any kind of
traumatic or acquired brain injury and their loved
ones can make a mask, with an explanation of their
art, to share what it feels like to live with a brain
injury. We work with groups to host mask making
events, and to host mask exhibits. Visit
unmaskingbraininjury.org for more info.
But I am still not employable, because this type of
work with my level of education is only available full
time and I can't work 40 hours a week.
The past two years I've hosted community conversations
with groups that tend to have a higher number of
clients that have experienced brain injury. This
includes organizations in fields like domestic
violence, homelessness, reentry, suicide prevention,
substance misuse, child abuse, and senior citizens.
Directors and project managers know their folks have
brain injuries, their client's brain injuries affect
every part of life, and they are often the first point
of contact for clients. But they don't understand
their client's symptoms through the lens of brain
injury. I am tired of these groups asking you for more
money when they are ignoring an undercurrent that is
the biggest issue for their clients.
There aren't social service programs around brain
injury compared to mental illness, so if someone has a
brain injury and a mental illness, and must choose one
diagnosis, they may disclose the mental illness to
qualify for programs.
So I'd like to suggest two concrete ideas to this
body:
Number One Idea: Make state funding for any group that
is known or suspected to have more than 50% of their
clients experiencing a brain injury be tied to
education, in other words, state funds would not be
disbursed unless the staff get brain injury education,
and the funding should not be used for that education.
Unlike medical professionals that tend to focus on
diagnosis, these groups focus on function and need to
understand the client symptoms they are witnessing. I
know program directors in social service groups that
love this idea.
Number Two Idea: create or support a housing unit
specifically for brain injury, the way other housing
units are for people with specific diagnoses and
health issues. This would allow tailored environmental
modifications, and could be excellent for group
therapies, peer support, and individualized treatment
opportunities. I know directors that love this idea
also.
Damage to the brain can be healed but the amount of
that healing is dependent on a number of concurrent
factors not being maximized in Alaska. We need to get
away from the idea that someone is good enough, or
looks fine, when inside they are suffering. We can do
better, and it starts with awareness. Please pass this
resolution to raise that awareness. Thank you for your
time.
MS. ALFONSI added to her last paragraph of written testimony the
following: "There's a place for everyone in our community, even
with brain injury symptoms."
8:34:08 AM
CO-CHAIR HANNAN shared that she is a survivor of two severe
brain injuries - one at the age of 21, when she was in a roll-
over car accident, and one at the age of 32, when she was
severely assaulted when living abroad in Russia and was
hospitalized in a neurological unit. She said it was probably a
decade before she made a full recovery. Co-Chair Hannan
emphasized that it is the length of recovery that is astonishing
to most people living with a brain injury; it can take many
years, and not all survivors are as lucky as she was. She
thanked Ms. Alfonsi for bringing the awareness and statistics to
the committee. She said Alaska is a place where there are a lot
of accidental injuries resulting in traumatic brain injury.
8:35:12 AM
REPRESENTATIVE THOMPSON questioned why HCR 14 should not be
passed out now [after only one hearing] considering it would
name March 2020 as Brain Injury Awareness Month [and it was
already March 5].
8:35:47 AM
CO-CHAIR DRUMMOND said if there was no interest in amending HCR
14, she would ask for a motion to move it out of committee.
8:35:56 AM
CO-CHAIR HANNAN moved to report HCR 14 out of committee with
individual recommendations and the accompanying zero fiscal
note. There being no objection, HCR 14 was reported out of the
House Community and Regional Affairs Standing Committee.
8:37:15 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 8:37 a.m.