HB 365 MINOR IN POSSESSION OF TOBACCO  PATTI SWENSON, staff to Representative Con Bunde, sponsor of HB 365, gave the following summary of the legislation. In 1992 the problem of tobacco sales to minors was addressed by the Synar amendment on the federal level. The amendment required states to conduct random, unannounced, inspections of locations which sell tobacco and to show reduction in illegal sales. In order to reduce rates of nicotine addiction in youth and to assure compliance with the Synar amendment, members of the Tobacco Control Alliance have been seeking to undertake compliance checks to determine which merchants are selling tobacco to children. Compliance checks involve having undercover youth attempt to buy tobacco. Number 159 SENATOR MILLER stated he was leary of the bill because it would require disguising a 16-year old as an adult. MS. LEWIS responded no disguise is used. When buying cigarettes, the children don't try to disguise their ages, and if asked their ages, they are told not to lie. Tobacco possession by minors is currently illegal and law enforcement agencies are reluctant to use children for compliance checks because the evidence may not be valid if this practice is not permissible by law. The same practice is used for alcoholic beverages. SENATOR ADAMS asked how much a minor would be paid for being a snitch in an undercover operation. MS. LEWIS was unsure whether anyone would be paid. Number 195 GLEN RAY of the Department of Health and Social Services stated no methodology for paying minors has been set up. The practice of doing compliance checks in Dillingham, Ketchikan, Juneau and Anchorage has been done by volunteers, to date. Whether or not the individuals will be paid is uncertain. His 15 year old son has participated in compliance checks in Juneau, and was sold cigarettes in 60 percent of his attempts, which is a bit lower than the national average. The children who participate in compliance checks are encouraged not to lie or mislead anyone, and it is important that the child look their age. CHAIRMAN TAYLOR referred to the required approval and parental consent provision to participate, if the child is not of the age of majority, and questioned whether children of any age might participate. MR. RAY responded there is no minimum age, but research shows that children at about age 14 are able to buy cigarettes. CHAIRMAN TAYLOR commented it seems inconsistent to allow these same children to get free condoms through various programs and get abortions without parental consent. He asked whether the bill should contain a minimum age. MR. RAY responded he did not know what the minimum age should be. The point of the activity is to identify the locations where children can buy cigarettes because some stores consistently sell them to minors. SENATOR GREEN asked what happens to the merchant who is not in compliance. MR. RAY answered there is a fine of $300, but to his knowledge no one has ever been fined. MR. RAY informed committee members if a minor attempted to do a compliance check without being accompanied by a police officer, the minor could be fined and punished. This bill would allow minors to work in cooperation with the police. CHAIRMAN TAYLOR asked if this bill would be passed to allow the child to break the law. MR. RAY believed it would allow a child to work in cooperation with police. CHAIRMAN TAYLOR asked if an underage delivery person could deliver cigarettes as part of a grocery order. MR. RAY believed that would be illegal if HB 365 passes. MS. SWENSON informed committee members $480,000 in federal funds for FY 96 for substance abuse and treatment block grants will be withheld if the state is not in compliance with the Synar amendment. CHAIRMAN TAYLOR stated the Synar amendment requires an inspection program but does not require that minors be involved. MS. SWENSON agreed, but questioned how the state could find out if stores were selling tobacco to minors. CHAIRMAN TAYLOR commented a compliance check could be conducted with surveillance. SENATOR GREEN asked how other states are fulfilling this requirement. MR. RAY offered to get that information for committee members. SENATOR ADAMS questioned whether having an adult stationed outside of a store to interview minors who have purchased cigarettes would meet compliance requirements. Number 352 KAREN DELANEY, Tobacco Prevention and Control Coordinator, DHSS, stated the Department of Health and Human Services' and Substance Abuse and Mental Health Administration's (SAMHA) written summaries of studies nationwide have included procedures for youth involvement and encourage the use of youth, ages 15 and 16, in compliance checks. As the state moves into Synar implementation, compliance check procedures will be standardized, and the age of youth to be involved will be defined. The federal regulations do not require the use of youth in compliance checks, however the state cannot be effective in monitoring compliance without youth involvement. SENATOR GREEN questioned what the penalty would be if a minor was smoking on the street. MR. RAY replied the child would be cited, could be fined up to $50 and the court could require the child to take part in an educational program. MS. DELANEY stated SAMHA has estimated it will cost the state $250,000 to implement the Synar amendment provisions annually. If HB 365 does not pass, the cost will increase, because involving youth in inspections would require local legal authority in every community that is identified to be part of the random, unidentified inspections. Also, the penalty associated with state non- compliance during this third applicable year of Synar implementation is $480,000 and will increase to 40 percent of the federal block grant to the State of Alaska next year if it remains out of compliance. CHAIRMAN TAYLOR asked if we need authority of this type for the purposes of prosecuting juveniles on illegal drug activities. MR. RAY replied the Division of Public Health has focussed on the consequences of long term tobacco use, so could not address the question at this time. CHAIRMAN TAYLOR agreed there are major health ramifications for long term tobacco use, but discussed the huge ramifications of short term use of other drugs. He believed there to be a shift in policy for the involvement and utilization of young people. MS. DELANEY emphasized HB 365 addresses compliance checks for tobacco and did not believe it would be possible to use youth to check for the sale of illegal street drugs. CHAIRMAN TAYLOR asked Mr. Ray to provide the committee with information on how other states have addressed this issue, and announced the bill will be taken up at the next hearing. He adjourned the meeting at 4:27 p.m.