Legislature(2019 - 2020)BELTZ 105 (TSBldg)
03/03/2020 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB172 | |
| SB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 172 | TELECONFERENCED | |
| += | SB 182 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 3, 2020
1:31 p.m.
MEMBERS PRESENT
Senator Click Bishop, Chair
Senator Gary Stevens, Vice Chair
Senator Joshua Revak
Senator Elvi Gray-Jackson
MEMBERS ABSENT
Senator Mia Costello
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Board of Veterinary Examiners
Denise Albert - Denali Park
Harold J. Geiger - Juneau
Rachael K. Berngartt - Juneau
Scott Flamme - Fairbanks
- CONFIRMATIONS ADVANCED
Board of Chiropractic Examiners
John C. Lloyd - Anchorage
- CONFIRMATION ADVANCED
Board of Certified Direct-Entry Midwives
Hannah St. George - Fairbanks
- CONFIRMATION ADVANCED
Board of Nursing
Emily Schubert - Anchorage
Wendy Lynn Monrad - Anchorage
- CONFIRMATIONS ADVANCED
Board of Social Work Examiners
Brandon Ercanbrack - Seward
- CONFIRMATION ADVANCED
SENATE BILL NO. 172
"An Act extending the termination date of the State Medical
Board; and providing for an effective date."
- MOVED CSSB 172(L&C) OUT OF COMMITTEE
SENATE BILL NO. 182
"An Act raising the minimum age to purchase, sell, exchange, or
possess tobacco, a product containing nicotine, or an electronic
smoking product; relating to the taxation of electronic smoking
products; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 172
SHORT TITLE: EXTENDING THE STATE MEDICAL BOARD
SPONSOR(s): SENATOR(s) OLSON
02/03/20 (S) READ THE FIRST TIME - REFERRALS
02/03/20 (S) L&C, FIN
02/18/20 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/18/20 (S) Heard & Held
02/18/20 (S) MINUTE(L&C)
03/03/20 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 182
SHORT TITLE: AGE FOR NICOTINE/E-CIG; TAX E-CIG.
SPONSOR(s): SENATOR(s) STEVENS
02/10/20 (S) READ THE FIRST TIME - REFERRALS
02/10/20 (S) L&C, FIN
02/27/20 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/27/20 (S) Heard & Held
02/27/20 (S) MINUTE(L&C)
03/03/20 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
DENISE ALBERT, D.V.M., Appointee
Board of Veterinary Examiners
Department of Commerce, Community and Economic Development
Denali, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Veterinary Examiners.
RACHEL BERNGARTT, D.V.M., Appointee
Board of Veterinary Examiners
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Veterinary Examiners.
SCOTT FLAMME, D.V.M., Appointee
Board of Veterinary Examiners
Department of Commerce, Community and Economic Development
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Veterinary Examiners.
HAL GEIGER, Ph.D., Appointee
Board of Veterinary Examiners
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Veterinary Examiners.
JOHN LLOYD, D.C., Appointee
Board of Chiropractic Examiners
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Chiropractic Examiners.
HANNAH ST. GEORGE, Appointee
Board of Direct-Entry Midwives
Department of Commerce, Community and Economic Development
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Board Direct-
Entry Midwives.
EMILY SCHUBERT, LPN, Appointee
Board of Nursing
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Nursing.
WENDY MONRAD, ACRN, Appointee
Board of Nursing
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Nursing.
BRANDON ERCANBRACK, LCSW, Appointee
Board of Social Work Examiners
Department of Commerce, Community and Economic Development
Kotzebue, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Social Work Examiners.
CODY GRUSSENDORF, Staff
Senator Click Bishop
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Amendment 1 to SB 172 on behalf of
the committee.
MICHAEL SCRIVEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 182.
CASSIE FROST, Volunteer
American Cancer Society Cancer Action Network (ACSCAN)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of support of SB 182.
JOSHUA FILAF, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to SB 182.
KELLY MARRE, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 182.
VALERIA DELGADO, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 182.
ALYSSA KEILL, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 182.
JENNIFER BRANDT, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 182.
HEATHER ARONNO, Grassroots Manager
American Cancer Society Cancer Action Network (ACSCAN)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 182.
TERRENCE ROBBINS, Managing Director
Southeast Prevention Services
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of SB 182.
ALEX MCDONALD, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 182.
NOEL CROWLEY-BELL, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 182.
SHAUN D'SYLVA, Co-Founder
Clear the Air Alaska
Juneau, Alaska
POSITION STATEMENT: Raised concerns about SB 182.
ACTION NARRATIVE
1:31:59 PM
CHAIR CLICK BISHOP called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Stevens, Gray-Jackson, Revak, and Chair
Bishop. He presumed that Senator Costello was listening to the
meeting.
^Confirmation Hearing(s)
Confirmation Hearing(s)
Board of Veterinary Examiners
Board of Chiropractic Examiners
Board of Certified Direct-Entry Midwives
Board of Nursing
Board of Social Work Examiners
1:33:04 PM
CHAIR BISHOP announced the first order of business would be
consideration of governor appointees to boards and commissions.
He asked each appointee to place their name and affiliation on
the record, give a brief introduction, and discuss the reason
they want to serve on the board or commission. He advised that
public testimony would be taken after all appointees had
testified and their names would be forwarded to the full body
for consideration. He emphasized that the hearing was not a
recommendation on any subsequent vote.
1:34:08 PM
DENISE ALBERT, DVM; Appointee, Board of Veterinary Examiners,
Department of Commerce, Community and Economic Development,
Denali, Alaska, stated that she has practiced veterinary
medicine for 34 years. She came to Alaska 25 years ago to
volunteer as a trail veterinarian on the Iditarod and continued
to do so for next 15 years. Meanwhile, she moved to the state
and has practiced small animal medicine in Alaska for 20 years.
Now that she is semi-retired, she is searching for a way to help
the public and the veterinarian community.
DR. ALBERT said a colleague suggested she apply for the open
seat on the board and she spoke to two prior members to
understand the scope of the work involved. She said she has
served in the veterinary profession in multiple capacities and
in numerous locations across the U.S. This has given her a broad
view of the field, which may be helpful when considering issues.
She said attention to detail and a comprehensive view has always
been her approach. She typically acquires all available facts
before creating an optimal plan of action. She offered that her
decision-making skills could assist the board and the profession
and that this will be a good opportunity to expand her
veterinary experience. She thanked members for considering her
appointment.
1:37:09 PM
SENATOR STEVENS remarked that she clearly is not successful in
retiring. He thanked her for her service.
CHAIR BISHOP thanked her for her service and support to the
Iditarod. He noted that the Iditarod Trail Sled Dog Finishers
awarded her with the Golden Stethoscope Award.
1:38:01 PM
RACHEL BERNGARTT, D.V.M., Appointee, Board of Veterinary
Examiners, Department of Commerce, Community and Economic
Development, Juneau, Alaska, said she was appointed to the board
in 2016. She related that she graduated from Ohio State
University in 2001, practiced for one year in Ohio, took a
three-month job in Fairbanks, and ended up staying. She has
worked in a variety of practices, including working in general
practice for dogs and cats, as a business owner, and as an
equine veterinarian. She has participated in scientific research
on marine mammals for the Alaska Department of Fish and Game and
at the Alaska SeaLife Center and she also worked on the
University of Alaska Anchorage Antarctic program conducting
Weddell Seal research. She noted that she also volunteered as a
veterinarian for the Iditarod in 2015 and 2017.
She explained that her interest in serving on the board is to
help improve veterinary medicine with proactive regulation. This
will protect public safety. She expressed interest in focusing
on telemedicine, which is generally accepted in human medicine,
but is just beginning to be used in veterinary medicine. It
presents challenges because animals cannot speak, and owners
sometimes misinterpret what is going on with their pets.
Further, since Alaska has legalized cannabis, it is important to
be proactive with regulations for its use in veterinary
medicine.
DR. BERNGARTT said she brings 20 years of veterinary experience
in Alaska to the board. She participates in national
organizations, including serving on the Regulatory Policy Task
Force for the American Association of State Veterinary Boards.
She views this as an opportunity to bring information on
national issues back to the board. Although veterinarians in
Alaska have some unique challenges, many issues are ones that
veterinarians in other states also face.
She noted that she is scheduled to graduate from Seattle
University School of Law in May 2020. She plans on using her
legal education to work with licensees, for public advocacy and
outreach, and on proactive regulations to protect the public in
all facets of animal care. She said she has a collaborative
outlook and looks forward to working with DCCED and stakeholders
who need veterinary services.
1:42:37 PM
SENATOR STEVENS remarked that Alaska needs veterinarians more
than it needs lawyers.
DR. BERNGARTT replied she is a veterinarian first.
SENATOR REVAK asked about the Drug Enforcement Administration
(DEA) license listed on her resume.
DR. BERNGARTT answered that the DEA license is one veterinarians
can hold if they are prescribers, which typically is needed for
sole practices. She explained that veterinarians may need to
purchase controlled substances and the DEA has authority over
controlled substances.
1:44:48 PM}
SCOTT FLAMME, D.V.M., Appointee, Board of Veterinary Examiners,
Department of Commerce, Community and Economic Development,
Fairbanks, Alaska, stated that he has practiced veterinary
medicine in Alaska for the past 17 years and has watched modern
technology transform the profession. He said he would like to
serve on the board to further the advances. He brings a common-
sense approach to the board and an interest in safeguarding
veterinary clients' information. He noted that the board has
been working on HB 184 for the last 10 months and it has been an
amazing experience.
CHAIR BISHOP said he appreciated the information he received on
HB 184.
1:47:24 PM
HAL GEIGER, Ph.D., Appointee, Board of Veterinary Examiners,
Department of Commerce, Community and Economic Development,
Juneau, Alaska, advised that he is serving the third year as the
public member of the board. He stated that he spent his career
working as the chief biometrician for the Commercial Fisheries
Division of the Alaska Department of Fish and Game (ADF&G).
During that time, he worked closely with the Board of Fisheries
and gained appreciation for the public regulatory process and
the importance of volunteers. He related that he earned a Ph.D.
from the University of Alaska Fairbanks, College of Fisheries
and Ocean Sciences, and has run a small consulting firm.
DR. GEIGER explained his interest in serving on the Board of
Veterinary Examiners is to give back to the state since the
state invested a lot in him. The Boards and Commissions office
thought he might want a position on the Board of Fisheries, but
he was more interested in serving on a technical board in some
other area. He worked for a veterinarian in high school and was
drawn to serve on this board since veterinary medicine is a
technical field that will mesh well with his scientific
background.
DR. GIEGER said he strives to provide a voice for the public and
would like to use his background to continue to work on
unfinished board business.
CHAIR BISHOP commented that he would like to have a conversation
with him about his work as the convenor of the 1997 Yukon River
Sonar Project.
DR. GEIGER responded that was a high point in his ADF&G career.
1:50:17 PM
JOHN LLOYD, D.C., Appointee, Board of Chiropractic Examiners,
Department of Commerce, Community and Economic Development,
Anchorage, Alaska, stated that he received his undergraduate
degree in biology from Gonzaga University and his degree in
chiropractic medicine from Logan University.
DR. LLOYD said his goal for the last 22 years has been to help
patients become pain free and transition to a life of wellness
through chiropractic massage, physical therapy, and regenerative
medicine. He said his interest in serving on the board is to
give back to the profession, help the board navigate the
regulation process, and provide the public with excellent health
care.
CHAIR BISHOP found no questions.
1:51:26 PM
HANNAH ST. GEORGE, Appointee, Board of Direct-Entry Midwives,
Department of Commerce, Community and Economic Development,
Fairbanks, Alaska, stated that she currently serves as a public
member of the board. She is the mother of nine and has attended
over 30 births as a support figure. She said her interest in
serving stems from a longstanding interest in medicine and a
desire to learn more about the statutes and regulations. She
looks forward to continuing to work with the team that ensures
that the birth process is safe for mothers and babies.
1:52:51 PM
SENATOR STEVENS noted that her resume states that she is not an
official doula. He asked for the definition of a doula.
MS. ST. GEORGE answered that an official doula is someone who is
certified but it does not require any medical background. A
doula is solely present to help the mother during birth and she
has served in that role for family and friends and whoever may
need her. She enjoys helping during the birth process but has no
specific certification.
1:53:44 PM
EMILY SCHUBERT, LPN; Appointee, Board of Nursing, Department of
Commerce, Community and Economic Development, Anchorage, Alaska,
advised that before her marriage she served on the board as
Emily Nicole Henry. She graduated from the Delaware Technical
Community College and received her licensed practical nursing
certificate in 2011. She initially worked as a home care nurse,
primarily with special needs children, which gave her a broad
range of skills. She moved to Alaska three years ago and works
in the employee health department and human resources for the
Alaska Native Tribal Health Consortium. In that capacity, she
works to ensure that all employees have current immunizations
and education on infection control practices.
She related that she has served in the LPN position on the board
since 2019 and currently serves as secretary. She hopes to help
the board create an LPN program in Alaska and recently obtained
provisional approval to start the accreditation process in
Anchorage. She opined that she brings her leadership skills to
the board. Further, her home care experience will provide
insight for nurses in solo practices on how to care for patients
in the safest manner.
1:56:05 PM
CHAIR BISHOP asked if her experience with the Future Farmers of
America (FFA) has helped prepare her for today.
MS. SCHUBERT answered yes; the organization focuses on
leadership skills and helped her with public speaking. She said
she enjoyed being part of that organization.
1:57:35 PM
WENDY MONRAD, RN; ACRN, Appointee, Board of Nursing, Department
of Commerce, Community and Economic Development, Anchorage,
Alaska, stated that she currently works at the Alaska Native
Medical Center as a Certified Registered Nurse Anesthetist,
which is one of the four advanced practices for registered
nurses. She was appointed to serve on the board in January 2019
to fill a vacant term and was reappointed to the next term
ending in March 2024. She has enjoyed serving on the board and
learning the regulatory side of nursing. She said she brings her
years of experience and leadership to the board. She noted her
resume outlines her complete educational background.
CHAIR BISHOP thanked her for 13 years of service in the United
States Air Force.
1:59:26 PM
At ease
1:59:37 PM
CHAIR BISHOP reconvened the meeting.
1:59:48 PM
BRANDON ERCANBRACK, LCSW, Appointee, Board of Social Work
Examiners, Department of Commerce, Community and Economic
Development, Kotzebue, Alaska, stated that he is a licensed
clinical social worker. He was appointed to the Board of Social
Work Examiners in July 2019 and reappointed in March 2020. He
related that he completed his bachelor's degree and master's
degree in social work at Utah State University and has lived in
Alaska for about three years, working in rural community
behavioral health settings. He would like to continue to serve
on the board because he finds the work enjoyable and feels as
though he barely got his feet wet. His motto has always been to
work smarter, not harder and he would like to apply that
philosophy to his work on the board. He likes clinical work
because he likes to help people improve their lives.
CHAIR BISHOP thanked him for being willing to serve.
2:02:11 PM
CHAIR BISHOP discerned that no one wished to comment on the
appointees and closed public testimony on the confirmation
hearings.
2:02:23 PM
CHAIR BISHOP stated that in accordance with AS 39.05.080, the
Senate Labor and Commerce Standing Committee reviewed the
following and recommends the appointments be forwarded to a
joint session for consideration:
Board of Veterinary Examiners
Denise Albert - Denali Park
Harold J. Geiger - Juneau
Rachael K. Berngartt - Juneau
Scott Flamme - Fairbanks
Board of Chiropractic Examiners
John C. Lloyd - Anchorage
Board of Certified Direct-Entry Midwives
Hannah St. George - Fairbanks
Board of Nursing
Emily Schubert - Anchorage
Wendy Lynn Monrad - Anchorage
Board of Social Work Examiners
Brandon Ercanbrack - Seward
[Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or
rejection].
2:03:17 PM
At ease
SB 172-EXTENDING THE STATE MEDICAL BOARD
2:04:02 PM
CHAIR BISHOP announced the consideration of SENATE BILL NO. 172,
"An Act extending the termination date of the State Medical
Board; and providing for an effective date."
He noted that this is the second hearing, public testimony is
open, and there is an amendment to consider.
2:04:32 PM
SENATOR BISHOP moved to adopt Amendment 1, work order 31-
LS1479\A.2.
31-LS1479\A.2
Fisher
2/21/20
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATORS BISHOP AND COSTELLO
Page 1, line 1, following "Board;":
Insert "requiring a report on the State Medical
Board's audit compliance;"
Page 1, line 5:
Delete "June 30, 2025"
Insert "June 30, 2023"
Page 1, following line 5:
Insert a new bill section to read:
"* Sec. 2. The uncodified law of the State of
Alaska is amended by adding a new section to read:
AUDIT COMPLIANCE: LEGISLATIVE AUDIT DIVISION
REPORT. Within one year after the effective date of
this Act, the legislative audit division shall submit
a report concerning compliance by the State Medical
Board with the recommendations of the April 26, 2019,
audit of the board conducted under AS 44.66 to the
Legislative Budget and Audit Committee."
Renumber the following bill section accordingly.
SENATOR STEVENS objected for an explanation.
2:04:46 PM
CODY GRUSSENDORF, Staff, Senator Click Bishop, Alaska State
Legislature, Juneau, Alaska, on behalf of the committee, stated
that Amendment [1], will change the sunset date from 2025 to
2023. It will also insert a new section of uncodified law to
require the Division of Legislative Audit to do a compliance
check on the recommendations of the audit within the next year.
The title will change to reflect the required report on the
State Medical Board's compliance with the audit.
SENATOR STEVENS asked if this follows the audit recommendations.
MR. GRUSSENDORF answered yes, although the audit did recommend a
five-year sunset.
CHAIR BISHOP reminded the committee of the concerns they had
about the implementation of the Prescription Drug Monitoring
Program (PDMP) and communications with the Pharmacy Board. The
committee concurred that this would be the best path forward to
help gain compliance.
2:06:28 PM
SENATOR STEVENS removed his objection and Amendment 1 was
adopted.
2:06:47 PM
SENATOR OLSON stated support for Amendment 1.
2:07:11 PM
CHAIR BISHOP closed public testimony on SB 172.
2:07:21 PM
SENATOR STEVENS moved to report SB 172, as amended, from
committee with individual recommendations and attached fiscal
notes.
CHAIR BISHOP found no objection and the CSSB 172(L&C) was
reported from the Senate Labor and Commerce Standing Committee.
2:07:40 PM
At ease
SB 182-AGE FOR NICOTINE/E-CIG; TAX E-CIG.
2:09:22 PM
CHAIR BISHOP announced the consideration of SENATE BILL NO. 182,
"An Act raising the minimum age to purchase, sell, exchange, or
possess tobacco, a product containing nicotine, or an electronic
smoking product; relating to the taxation of electronic smoking
products; and providing for an effective date."
He noted that this was the second hearing and the committee
would hear public testimony on SB 182.
2:10:23 PM
MICHAEL SCRIVEN, representing self, Anchorage, Alaska, spoke in
support of SB 182. He said that he and his 13-year-old daughter
talked to legislators last summer about passing a bill like this
one. He thanked Senator Stevens for introducing the bill. He
expressed concern about vaping, e-cigarettes, and marketing
these items to kids. He supports increasing the age for tobacco
use to 21. He has been working on this since last spring and
since then the deaths and illnesses from vaping have increased
tenfold. He urged members to support SB 182 and pass it from
committee.
2:12:56 PM
CASSIE FROST, Volunteer, American Cancer Society Cancer Action
Network (ACSCAN), Anchorage, Alaska, spoke in support of SB 182.
She said she is a graduate student in a master's program at the
University of Alaska Anchorage. She expressed concern about the
e-cigarette epidemic and its effect on young people. Long-term
tobacco use has affected her family, including that she lost her
grandmother to lung disease three years ago.
MS. FROST highlighted that schools in Alaska report finding a
surprising number of these devices on students in elementary and
high schools. She asked the committee to support SB 182 which
aims to reduce youth access to e-products by raising the
existing tobacco control policies from age 19 to 21. This will
help keep these products out of the hands of youth. Also, it
will allow e-cigarettes to be taxed and treated like tobacco.
This will help reduce sales to youth because they are most
sensitive to price increases.
2:15:13 PM
JOSHUA FILAF, representing self, Soldotna, Alaska, said he works
in a vape shop and disagrees with SB 182 because a 25 percent
increase in taxes on these products will likely force many shops
to close. When adult consumers are unable to purchase these safe
products in a shop, they will purchase them online. He reported
that studies have shown that Medicare costs are reduced when
people are vaping rather than smoking tobacco products. He said
this bill is a waste of taxpayers' money.
2:16:28 PM
KELLY MARRE, representing self, Wasilla, Alaska, said cancer has
greatly affected her family. Nearly every member on her mother's
side of the family has had cancer and both she and her son were
diagnosed with leukemia. Research shows that 50 percent of
cancers can be prevented. She offered her view that protecting
youth from tobacco use can lower risks for cancer. She said
supporting SB 182 will make e-cigarettes less accessible to
youth. Changing Alaska's law to conform to federal law by
increasing the age for purchasing tobacco products to those 21
years of age will provide further help in protecting Alaska's
youth.
2:17:36 PM
VALERIA DELGADO, representing self, Anchorage, Alaska, spoke in
support of SB 182. She said she works with Alaska's youth and
has seen the impact of electronic cigarettes and vapes. Young
adults are struggling to quit using e-cigarettes due to the high
amount of nicotine they contain. Studies have shown that teens
who use e-cigarettes are twice as likely to smoke regular
cigarettes. She offered her view that increasing the age to 21
for purchasing tobacco products will help counter the tobacco
industry's efforts to get teens and young adults hooked on
nicotine.
2:18:24 PM
ALYSSA KEILL, representing self, Fairbanks, Alaska, spoke in
support of SB 182. She said that she is a swim coach for a local
swim team and she often discusses ways to stay with her
students. The swim team members often mention that they see
vaping in their schools and that students are selling vaping
products to one another. She has held discussions with her
students on the impact that nicotine would have on their
performance in sports and in school. She said studies have shown
that price increases of 10 percent for tobacco products leads to
a decrease in youth use by 7 percent so raising the price of
vaping products could help prevent youths from picking up e-
cigarette habits.
2:20:16 PM
JENNIFER BRANDT, representing self, Wasilla, Alaska, said SB 182
will put the state in compliance with federal law and reduce
enticement of Alaska's youth to try and buy vaping products. She
pointed out that adults who use nicotine products typically want
to quit and e-cigarettes are nicotine products. She further
pointed out that taxes on tobacco products encourage people to
quit, so an increase in taxes on e-cigarettes will give people
an additional reason to be nicotine free and healthier. She
urged members to pass SB 182.
2:21:18 PM
HEATHER ARONNO, Grassroots Manager, American Cancer Society
Cancer Action Network (ACSCAN), Anchorage, Alaska, spoke in
support of SB 182. She offered her view that this bill provides
a practical solution to problems that are seen across the
country. In her role at ACSCAN, she has observed and heard about
the numerous people who have been impacted by vaping products.
2:22:28 PM
TERRENCE ROBBINS, Managing Director, Southeast Prevention
Services, Ketchikan, Alaska, spoke in support of SB 182. He
reported that 95 percent of adult smokers became addicted to
tobacco before the age of 21. Surveys show that most youth
obtain tobacco from older friends and relatives. Limiting vaping
products to those 21 years of age will drastically shrink youth
access to tobacco products. He said he offers 10-week tobacco
cessation clinics to Ketchikan youth who report that their
access to tobacco is almost always through friends.
He related that after Ketchikan voters approved an excise tax
that included e-cigarettes starting January 2017, a survey found
that adult cigarette usage decreased 21.4 percent in the first
year. He agreed with previous testifiers on the effect of tax
increases for vaping and tobacco products. He reported that when
Ketchikan increased the cost of cigarettes by 50 percent, there
was a 21.4 percent decrease in purchases. Youth Risk Behavior
Surveillance System data is not yet available for that
timeframe, but he anticipated a greater decrease in youth
cigarette use. However, because of the increase in e-cigarette
use, an overall decrease in tobacco use is not anticipated.
2:25:14 PM
SENATOR STEVENS related his understanding that Ketchikan
increased the tax on tobacco products, but not on e-cigarettes.
MR. ROBBINS answered that the Ketchikan Gateway Borough did
include e-cigarettes. He explained that the borough collects a
$2 tax per pack of cigarettes, and it taxes 50 percent of the
wholesale rate on other tobacco products.
2:26:19 PM
ALEX MCDONALD, representing self, Fairbanks, Alaska, stated that
SB 182 is bad public policy. He reported that prior to the
Medicaid expansion, the state received $97 million in revenue
from tobacco taxes but spent $220 million on Medicaid smoking-
related illnesses. He offered his view that taxing products to
get people away from cigarettes costs the state money. An
article from the National Bureau of Economic Research showed
that for every 10 percent increase in e-cigarette taxes has the
effect of increasing cigarette sales by 11 percent. Thus, the
result of this bill will be a significant increase in cigarette
use in the state. He also pointed out that these products may
not be on the market after May. He predicted that if the federal
government does not address free market tobacco, the small
businesses producing juice will go out of business. He recalled
that when the Mat-Su Borough passed a tax increase a lot of the
shops shut down and people ordered online. He expressed concern
that the bill also makes people between the ages of 19-21
criminals for no good reason. At Fort Wainwright, soldiers who
go to and from war zones would not be able to buy these vaping
products, which does not seem fair.
2:29:11 PM
NOEL CROWLEY-BELL, representing self, Palmer, Alaska, spoke in
support of SB 182. She offered her view that this bill will
provide the safeguards Alaska youths need to avoid the trap that
an addiction to nicotine brings. She said she has watched with
alarm the increasing use of e-cigarettes. Her daughter reports
that students use e-cigarettes in school and her son expresses
concern that exposure to second-hand aerosol from vaping will
cause his asthma to flare up. E-cigarette usage is a common
topic among parents. She asked the committee to pass SB 182.
2:30:44 PM
SHAUN D'SYLVA, Co-Founder, Clear the Air Alaska, Anchorage,
Alaska, stated that he owns three vapor stores in Anchorage,
Fairbanks, and Wasilla. He said that he thinks that increasing
the age for purchasing tobacco products to 21 is a great idea.
It is a federal guideline. However, a 75 percent wholesale tax
is a concern. He said his business has helped 80,000 people stop
smoking. He said that he is in the business of harm reduction.
He offered his view that kids should be held responsible when
found with vaping products, but he does not support limiting
adult access since vaping products are a safer option than
tobacco. He referred to the United Kingdom's (UK) goal, which is
no combustible cigarettes by 2025. Vaping is prescribed for
adults to help them stop smoking. He offered his view that in
the U.S. nicotine is demonized but smoking is not. However, it
is smoking that kills, not nicotine. He objected to taxing e-
products at the same level as cigarettes. If the intent is to
limit youth access, a better approach would be to strengthen the
penalties for retailers that sell to youth and to penalize youth
in possession.
2:33:42 PM
SENATOR REVAK asked about studies and how vaping is treated
differently than tobacco cigarettes in the UK.
MR. D'SYLVA explained that e-cigarettes became popular in the UK
about 2008 and Public Health England (PHE) began analyzing the
health implications of vaping. In 2015, PHE, the Royal College
of Physicians, and UK's cancer society released a comprehensive
study that definitively determined that e-cigarette use was at
least 95 percent safer than combustible tobacco products. Those
experts have revisited the issue every year since and have not
changed their position. He said the UK allows vape stores in
hospitals because they would rather have adults vape than smoke
combustible cigarettes.
He offered his view that the lung issues mentioned earlier
resulted from illegal THC cartridges tainted with vitamin E
acetate, not e-cigarettes. He opined that if the state is
worried about public health, it would be dangerous to tax vape
products in the same manner as cigarettes. He said the taxation
rules are detrimental.
2:37:39 PM
SENATOR STEVENS said there may be some confusion since the bill
follows the federal law on age. He expressed a willingness to
discuss the tax rate but pointed out that Ketchikan has a 50
percent tax rate that has been successful in decreasing use. He
said most people are in favor of the bill to safeguard the
health of youth.
2:38:38 PM
CHAIR BISHOP closed public testimony and held SB 182 in
committee for further consideration.
2:39:40 PM
There being no further business to come before the committee,
Chair Bishop adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:39 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 172 Sponsor Statement.pdf |
SL&C 2/18/2020 1:30:00 PM SL&C 3/3/2020 1:30:00 PM |
SB 172 |
| SB172 DRAFT Fiscal Note DCCED CBPL 02-14-20.pdf |
SL&C 2/18/2020 1:30:00 PM SL&C 3/3/2020 1:30:00 PM |
SB 172 |
| Audit of DCCED State Medical Board w responses.pdf |
SL&C 2/18/2020 1:30:00 PM SL&C 3/3/2020 1:30:00 PM |
SB 172 |
| SB 172 amendment A.2.pdf |
SL&C 3/3/2020 1:30:00 PM |
SB 172 |
| L&C Chiropractic Examiners Lloyd #1.pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| L&C Nursing Board Monrad #1.pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| L&C Direct Entry Midwives St_George #1.pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| L&C Nursing Board Henry #1.pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| L&C Social Work Examiners Ercanbrack.pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| L&C Veterinary Examiners Albert #1 .pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| L&C Veterinary Examiners Flamme #1.pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| L&C Veterinary Examiners Geiger #1 .pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| L&C Veterinary Examiners Berngartt #1 .pdf |
SL&C 3/3/2020 1:30:00 PM |
Confirmations |
| SB 182 Public Comment 3-03-2020.pdf |
SL&C 3/3/2020 1:30:00 PM |
SB 182 |