ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 27, 2017
1:34 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Kevin Meyer
Senator Pete Kelly
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 69
"An Act relating to misconduct involving weapons in the fifth
degree; and providing for an effective date."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 24(FIN)
"An Act classifying U-47700 as a schedule IA controlled
substance; and providing for an effective date."
- MOVED SCS CSHB 24(JUD) OUT OF COMMITTEE
SENATE BILL NO. 15
"An Act relating to possession of an electronic smoking product
or a product containing nicotine by a minor and to selling or
giving an electronic smoking product to a minor; relating to
business license endorsements to sell cigarettes, cigars,
tobacco, products containing tobacco, electronic smoking
products, or products containing nicotine; and relating to
citations for certain offenses concerning tobacco or nicotine
products."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 69
SHORT TITLE: MISCONDUCT INVOLVING WEAPONS 5TH DEGREE
SPONSOR(s): SENATOR(s) EGAN
02/24/17 (S) READ THE FIRST TIME - REFERRALS
02/24/17 (S) JUD, FIN
03/15/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/15/17 (S) -- MEETING CANCELED --
03/17/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/17/17 (S) Heard & Held
03/17/17 (S) MINUTE(JUD)
03/22/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/22/17 (S) <Bill Hearing Canceled>
03/27/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 24
SHORT TITLE: LIST U-47700 AS A CONTROLLED SUBSTANCE
SPONSOR(s): REPRESENTATIVE(s) MILLETT
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) JUD, FIN
02/01/17 (H) JUD AT 2:15 PM GRUENBERG 120
02/01/17 (H) Moved HB 24 Out of Committee
02/01/17 (H) MINUTE(JUD)
02/03/17 (H) JUD RPT 5DP 2NR
02/03/17 (H) DP: KOPP, KREISS-TOMKINS, FANSLER,
REINBOLD, CLAMAN
02/03/17 (H) NR: EASTMAN, LEDOUX
02/22/17 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/22/17 (H) Moved CSHB 24(FIN) Out of Committee
02/22/17 (H) MINUTE(FIN)
02/24/17 (H) FIN RPT CS(FIN) 9DP 1AM
02/24/17 (H) DP: GARA, WILSON, PRUITT, ORTIZ,
THOMPSON, GUTTENBERG, TILTON, SEATON,
FOSTER
02/24/17 (H) AM: KAWASAKI
03/06/17 (H) TRANSMITTED TO (S)
03/06/17 (H) VERSION: CSHB 24(FIN)
03/08/17 (S) READ THE FIRST TIME - REFERRALS
03/08/17 (S) JUD
03/24/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/24/17 (S) -- MEETING CANCELED --
03/27/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 15
SHORT TITLE: E-CIGS: SALE TO AND POSSESSION BY MINOR
SPONSOR(s): SENATOR(s) STEVENS
01/13/17 (S) PREFILE RELEASED 1/13/17
01/18/17 (S) READ THE FIRST TIME - REFERRALS
01/18/17 (S) L&C, JUD
02/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(L&C)
02/21/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/21/17 (S) Heard & Held
02/21/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) <Bill Hearing Canceled>
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/02/17 (S) Moved CSSB 15(L&C) Out of Committee
03/02/17 (S) MINUTE(L&C)
03/06/17 (S) L&C RPT CS 4DP NEW TITLE
03/06/17 (S) DP: COSTELLO, HUGHES, MEYER, GARDNER
03/27/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
BRIAN JUDY, Senior State Lobbyist
National Rifle Association (NRA)
Sacramento, California
POSITION STATEMENT: Voiced concern with SB 69 on behalf of the
NRA.
EARNST PRAX, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 69.
REPRESENTATIVE CHARISSE MILLETT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 24.
CHARLES FOSTER, Forensic Scientist and Chemistry Supervisor
State Crime Laboratory
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Provided information related to HB 24.
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 15.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
POSITION STATEMENT: Introduced SB 15 on behalf of the sponsor.
ELIZA MUSE, Deputy Program Manager
Tobacco Program
Division of Public Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 15.
MARGE STONEKING, Executive Director
American Lung Association in Alaska
POSITION STATEMENT: Testified in support of SB 15.
JOE DARNELL, Investigator
Tobacco Section
Division of Behavioral Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 15.
ANGELA BIRT, Chief Investigator
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 15.
ACTION NARRATIVE
1:34:53 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Costello, Meyer, Wielechowski, Kelly, and
Chair Coghill.
SB 69-MISCONDUCT INVOLVING WEAPONS 5TH DEGREE
1:35:54 PM
CHAIR COGHILL announced the consideration of SB 69.
1:37:31 PM
BRIAN JUDY, Senior State Lobbyist, National Rifle Association
(NRA), voiced concern with SB 69. He discussed the NRA's view
that the existing language in AS 11.61.220 regarding misconduct
involving weapons in the fifth degree is problematic.
Specifically, it is the language dealing with the possession of
concealed weapons. The bill doesn't resolve those concerns, it
simply takes the existing language regarding carrying a
concealed deadly weapon and extends it to inside a vehicle.
He said it is the view of the NRA that the notification and
seizure provision in the bill basically requires a person to
surrender their Fourth Amendment rights by exercising their
Second Amendment rights. He maintained that the existing
statutory language "when contacted by a peace officer" is very
broad and doesn't require the officer to have a lawful reason to
detain the person. The NRA's view is that there should be
reasonable suspicion or probable cause of unlawful activity
before the process is triggered. Regarding immediately informing
the peace officer of a firearm in a vehicle, the NRA's view is
that it requires an individual to disregard a peace officer's
initial request or command in order to first state that they
have a firearm in the vehicle. "That's a recipe for escalating
an otherwise peaceful encounter," he said. Regarding securing or
seizing the firearm, it is the NRA's view that it
inappropriately encourages the handling of the firearm and makes
the situation more dangerous.
MR. JUDY said there are also due process concerns with SB 69. A
person may not be aware that they are required to inform, and
they may not be aware that a firearm is in the vehicle. The bill
also raises the question of what happens when a passenger has a
firearm in a vehicle. He posited that people who aren't law
abiding aren't going to comply with the notification requirement
even if they're aware of the law. He cited the US v. Haynes
ruling to support the position that those individuals could not
be prosecuted under the provisions of the bill.
MR. JUDY advised that he is working with counsel at the NRA
headquarters on language to narrow the contacted by a peace
officer language, the immediately inform, and to do away with
the seizure requirement.
1:46:07 PM
EARNST PRAX, representing himself, Fairbanks, Alaska, testified
in opposition to SB 69. He said the bill is needless policy for
the following reasons: 1) it entraps otherwise innocent Alaskans
by criminalizing their failure to disclose legal behavior to a
police officer; 2) it has the potential of reducing officer
safety by escalating traffic stops; and 3) it furthers the law
enforcement bias that the public is to be feared rather than
trusted which does not engender good will among the public.
He agreed with Mr. Judy's testimony and discussed those points.
He questioned how the new language would affect law
enforcement's search and seizure powers. He emphasized that the
legislation isn't needed because police officers can already ask
if there is a firearm in the car. He concluded that the data
does not support the notion that SB 69 is needed to ensure
police officer safety.
CHAIR COGHILL requested he submit his testimony in writing.
MR. PRAX agreed.
1:53:45 PM
CHAIR COGHILL stated that he would hold SB 69 in committee.
HB 24-LIST U-47700 AS A CONTROLLED SUBSTANCE
1:54:17 PM
CHAIR COGHILL announced the consideration of HB 24 and solicited
a motion to adopt the proposed Senate committee substitute (CS).
1:54:36 PM
SENATOR COSTELLO moved to adopt the Senate CS for CS for HB 24,
version 30-LS0260\J, as the working document.
CHAIR COGHILL objected for an explanation and the introduction
of the bill.
1:55:29 PM
REPRESENTATIVE CHARISSE MILLETT, sponsor of HB 24, said she
understands that the new CS adds language to add tramadol to the
list of schedule IVA controlled substances. This was recommended
in the report from the Controlled Substance Advisory Committee
(CSAC) that directed including U-47700 in the schedule I
category. This aligns the intent of the CSAC recommendations and
the intent of the legislature in establishing the CSAC.
She continued to introduce HB 24 speaking to the following
sponsor statement:
U-47700, also known by the street name "Pink" is a
synthetic opioid responsible for the overdose deaths
of at least 46 people nationwide since 2015. The
Alaska Department of Health and Social Services
reports the drug is linked to three deaths here in
Alaska. U-47700 can come in either powder form or
tablets and is abused in the same manner as heroin and
prescription opioids.
The US Drug Enforcement Division decided late last
year that the substance was so dangerous it posed an
immediate threat to public safety and classified U-
47700 as a schedule 1 substance, a category of drugs
that have no accepted medical use and pose an
extremely high risk of abuse. Examples of other
schedule 1 drugs include heroin and LSD. The DEA
believes the drug is manufactured in illegal
laboratories overseas, meaning its purity and quality
are unknown and extremely dangerous to anyone that
decides to use it. Samples of U-47700 have been found
to be up to 800 percent more potent than heroin.
House Bill 24 lists U-47700 as a schedule 1 controlled
substance in Alaska statutes (AS 11.71.140(c)). This
will be an important tool for Alaska law enforcement
officers and prosecutors to arrest and prosecute
individuals using or distributing this dangerous drug
and protect Alaskans from the latest form of highly
addictive and potentially fatal synthetic heroin.
CHAIR COGHILL advised that in Section 2 starting on page 4, line
31, the Senate CS adds a new subsection that includes tramadol
in the list of schedule IVA controlled substances. He noted that
Senator Meyer introduced a similar bill but it's not as far
along in the process. He asked Senator Meyer if he supports this
version of HB 24 or if additions are needed.
1:58:40 PM
SENATOR MEYER said version J aligns with the Senate bill the
committee heard. He asked the sponsor why she didn't include
tramadol in the initial version of HB 24.
REPRESENTATIVE MILLETT said some House members were hesitant to
put tramadol on the schedule of controlled substances because it
is so highly prescribed as a pain medication. After she and her
staff had additional conversations with House members about over
prescribing and the dangers of tramadol, there seems to be a
greater level of comfort having it on the schedule.
CHAIR COGHILL asked if she agrees with the Senate CS.
REPRESENTATIVE MILLETT answered yes.
2:00:06 PM
CHAIR COGHILL removed his objection and version J was adopted.
SENATOR WIELECHOWSKI asked if the broad language in Section 2
could unintentionally sweep in other legal substances that
contain trace amounts of the chemical compounds mentioned.
REPRESENTATIVE MILLETT explained that the language is intended
to encompass any molecular formula changes within Pink or
tramadol.
SENATOR WIELECHOWSKI asked if legislative legal counsel was
available.
CHAIR COGHILL asked Mr. Foster from the Crime Lab to address the
question.
2:01:44 PM
CHARLES FOSTER, Forensic Scientist and Chemistry Supervisor,
State Crime Laboratory, Department of Public Safety, Anchorage,
Alaska, advised that that wording is fairly like what the Drug
Enforcement Agency uses. He said his interpretation is that it
only covers tramadol, not other analogs.
SENATOR WIELECHOWSKI said he wants to be certain that the
language doesn't make an otherwise legal substance illegal. He
read the language in subsection (g) on page 5 and asked if he is
aware of any legal substances that might contain trace amounts
of the substance mentioned.
MR. FOSTER answered no; that language is used in a lot of the
legal wording of controlled substances. It is addressing the
same chemical in its different forms. "It's addressing tramadol
only in this case. It's not going to be addressing some other
chemical that is currently not tramadol," he said.
CHAIR COGHILL found no further questions and asked the will of
the committee.
2:04:02 PM
SENATOR MEYER stated support for moving the bill.
SENATOR COSTELLO moved to report the SCS for CSHB 24, version
30-LS0260\J, from committee with individual recommendations and
attached fiscal note(s).
CHAIR COGHILL announced that without objection, SCS CSHB 24(JUD)
is reported from the Senate Judiciary Standing Committee.
2:04:51 PM
At ease
SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR
2:06:57 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of CSSB 15(L&C). He welcomed Senator Stevens.
2:07:20 PM
SENATOR STEVENS, Alaska State Legislature, sponsor of SB 15,
stated that this legislation seeks to prohibit the possession,
sale, and exchange of electronic smoking devices to persons
under age 19.
2:08:00 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, introduced SB 15 on behalf of the sponsor. He gave
a slide show of the origins of e-cigarettes as well as the
styles, brands, flavorings, and components. He said the bill is
about protecting youth from the burgeoning fad of smoking
electronic cigarettes, also called vaping. There are over 500
varieties of this product on the market in the U.S. and they are
replacing traditional cigarettes. They are sleek, clean,
discrete, and relatively inexpensive. He said you'll hear
testimony that everyone wants to keep these products out of the
hands of youth, but they are already in their hands. He said you
will hear that some people have found e-cigarettes to be a
miracle in helping them quit smoking traditional cigarettes.
That may be true, but youths are the target of this bill and
whether they ought to have access to these products.
MR. LAMKIN said you'll hear that e-cigarettes are harmless, but
there is little conclusive evidence as to their long-term
effects on health. Some people maintain that e-cigarettes do not
contain nicotine. While that may or may not be true, the Food
and Drug Administration (FDA) has said these products should be
treated as a tobacco product for regulatory purposes. They
function and mimic traditional smoking. Some people maintain
that e-cigarettes do not contain nicotine, but that has not been
proven. There is no current mechanism to regulate how they are
labeled, marketed, or what they contain.
MR. LAMKIN said SB 15 is about closing a loophole. Right now, it
is illegal for a minor to purchase e-products, but it is not
illegal to possess them. The question is that if you agree that
tobacco products are appropriately restricted from youth, should
e-products be similarly restricted, so we can take them out of
students' hands.
CHAIR COGHILL listed the individuals available to answer
questions.
2:13:33 PM
SENATOR COSTELLO asked if the behavioral risk factor survey asks
if young people are using e-cigarettes. If so, is the research
available and if not, will it be added to the survey.
MR. LAMKIN said he is waiting to receive that data.
CHAIR COGHILL asked Ms. Muse to address the question.
2:14:22 PM
ELIZA MUSE, Deputy Program Manager, Tobacco Program, Division of
Public Health, Department of Health and Social Services (DHSS)
explained that high school students participate in the Youth
Risk Behavioral Survey every two years. The first time the
survey included a question about electronic cigarette use in
Alaska was in 2015. The survey showed that 36 percent of high
school students had tried electronic cigarettes and 18 percent
were currently using them. The 2017 survey is in process, so the
results are not available.
SENATOR COSTELLO asked how that compares to the use of
traditional cigarettes.
MS. MUSE said 11 percent of high school students smoke
traditional cigarettes; the difference between the two is
statistically significant.
2:16:11 PM
SENATOR KELLY commented that the slide show demonstrates good
marketing.
CHAIR COGHILL added that the marketing obviously targets the
younger audience.
SENATOR WIELECHOWSKI observed that the definition of "electronic
smoking product" in Section 10 is so broad it could potentially
include an inhaler for asthma. He suggested talking to
legislative legal about tightening the language.
MR. LAMKIN said that definition was carefully crafted. It
borrows language from programs in other states. These products
are changing quickly, and the definition tries to encapsulate
everything that could arguably have an adverse effect.
2:18:55 PM
SENATOR MEYER asked how tobacco is handled in prisons because
Section 1 exempts prisoners in an adult correctional facility
from the e-cigarette possession prohibition.
MR. LAMKIN clarified that AS 11.76.105 regarding possession of
tobacco by a minor is existing law. He deferred to a corrections
representative to discuss how tobacco use is handled in prisons.
SENATOR MEYER indicated he was satisfied.
SENATOR WIELECHOWSKI directed attention to the language in
Section 6, paragraph (3), about maintaining a vending machine
that dispenses electronic smoking products and the language in
the new subsection (f) in Section 9 that talks about maintaining
a vending machine. He asked if language should be added to
paragraph (3) in Section 6 that says, "under circumstances not
addressed in subsection (f)" in Section 9 of the bill.
MR. LAMKIN explained that AS 11.76.109(a), relating to selling
or giving product containing nicotine to a minor, was initially
intended to address nicotine gum and patches. SB 15 seeks to
apply the same rules to electronic smoking products to any place
in statute that references cigarettes sold in a vending machine.
"It's attempting to close a loophole and be [as] inclusive as
possible."
CHAIR COGHILL observed that the bill makes the delivery systems
for electronic smoking products and the products themselves
illegal for minors.
MR. LAMKIN confirmed that is correct. He drew an analogy to
illegal fishing; the fish warden looks at the tackle and the
bait separately and together when considering illegal activity.
CHAIR COGHILL asked if the delivery systems have any other
legitimate purpose. He said he didn't want the penalty for
possession of the hardware to be the same as the penalty for
possession of both the product and the hardware.
2:25:14 PM
MR. LAMKIN responded that it was a challenge to develop a
definition that encompassed both open and closed delivery
systems. The former can be dismantled to replace the nicotine or
other substance, whereas closed systems are a single, generally
disposable, unit.
SENATOR WIELECHOWSKI asked if there has been any talk about
establishing a threshold that is intended by the phrase
"products containing nicotine."
MR. LAMKIN said that's an option but whether it will affect
youth behavior in a meaningful way is another question.
SENATOR WIELECHOWSKI said he didn't want to ban smoking a
substance that isn't intended because there are trace amounts of
nicotine in any number of products, including tomatoes.
2:28:34 PM
CHAIR COGHILL said he is open to regulating the delivery system
because he has yet to hear that they are beneficial.
MR. LAMKIN said there are people who smoked for decades who
argue that e-cigarettes are an effective tobacco cessation
product. He restated that the bill is not about older smokers,
it only targets youth.
2:30:17 PM
MR. LAMKIN provided a sectional analysis for SB 15, version R,
speaking to the following summary:
Section 1: AS 11.76.IOS(a) Adds to existing law that,
as with prohibiting minors from possessing cigarettes
or tobacco, to also prohibit possession of electronic
cigarettes and any component thereof.
Section 2: AS 11.76.105(c) Extends an existing
exception for possession by minor of a tobacco
product, to include E cigarettes possession, provided
the minor is using an e cigarette for an approved
medical purpose, such as smoking cessation, and is
provided by a parent or prescribed by a doctor.
Section 3: AS ll.76.106(a) Adds to existing law that, as
with controlling access to and sale of tobacco products to
minors (that is, "behind the counter"), that E Cigarettes
access also be controlled and restricted in a like
manner.
Section 4: AS ll.76.106(b) Extends an existing
exception to clerk-controlled access to tobacco or E
Cigarette products sold through a vending machine,
which are covered in the next section.
Section 5: AS ll.76.107(a) Adds to existing law that,
as with tobacco product vending machines, vending
machines dispensing electronic cigarette or nicotine
products must also be supervised.
Section 6: AS ll.76.109(a) Adds to existing law
prohibiting the sale of nicotine products and
electronic cigarettes, or any related component
thereof, to a minor under 19 years old.
Section 7: AS ll.76.109(b) Extends an existing
exception for minor possession of a nicotine product,
to include E-cigarettes possession, provided the
minor is using an E-cigarette for an approved medical
purpose, such as smoking cessation, and is provided
by a parent or prescribed by a doctor.
Section 8: AS ll.76.109(e) Extends the existing fine
of at least $300 for selling nicotine products to
minors, to include selling E-cigarette products.
Section 9: AS 11.76.109(£) adds a new subsection that
is consistent with existing law regarding placement
of vending machines dispensing tobacco products; that
the same requirements are applied to vending machines
dispensing E-cigarette or nicotine products.
Section 10: AS ll.81.900(b) Establishes a definition
for "electronic smoking product," summarized as
follows:
(67) (A) a device designed to aerosolize and inhale
nicotine, a synthetic of nicotine, or another
substance that "'may have an adverse effect" on
the person inhaling from the device; [basically,
the hardware] and
(B) the accompanying compounds, oils, vapor
fluids, chemicals, or agents intended to be
aerosolized and inhaled in conjunction with the
device.
Section 11: AS 43.50.070(a) Adds enforcement
provision for the state to suspend, revoke, or refuse
to renew a business for violating provisions relating
to selling E-cigarette products to minors.
Section 12: AS 43.50.105(b) is amended for conformity
and consolidation, changing "tobacco" endorsement to
"business license" endorsement, for purposes of
shipping or transport of cigarettes. It also sets up
conformity for the following Section 8 of the bill,
relating to a required business license endorsement
for selling E-cigarette or nicotine products. The
effect is that existing tobacco license endorsement
holders may also sell E-cigarette products, and
eliminates a need for the state to establish a
separate database for vendors only selling only E
Cigarette products (and not tobacco), thus reducing
fiscal costs of implementation.
Section 13: AS 43.70.075(a) amends existing law
requiring a special business license endorsement in
order to lawfully sell tobacco products for each
location the products are sold, by including the same
license endorsement requirements for lawfully selling
E-cigarette or nicotine products, an endorsement for
each location.
Section 14: AS 43.70.075(d) amends existing law
relating to selling tobacco to minors, by adding the
same penalty provisions, including graduated fines,
for selling E-cigarette or nicotine products to
minors. Following repeated convictions within a 2-
year period, civil fines are structured as follows:
1st offense: a civil penalty of $1,000 (from $300)
2nd offense: a civil penalty of $2,000 (from $500)
3rd offense: a civil penalty of $4,000 (from $1,000)
After 3 convictions: suspend license indefinitely
(from I-year) and a civil penalty of $10,000 (from
$2,500)
Section 15: AS 43.70.075(f) amends existing law requiring
signage when selling tobacco products, to also require
signage for selling E-cigarette or nicotine products. The
signage must read "The sale of electronic smoking products or
products containing nicotine to a person under the age of 19
without a prescription is illegal." Signage must be 8.5
inches by 11 inches, which is a change to make sign design
and printing more efficient for both the state and vendors.
Section 16: AS 43.70.075(i) amends existing enforcement
provisions that, as with tobacco sales, to allow the State to
seize and destroy a vendor's inventory of E-cigarette or
nicotine products in the event violating the law prohibiting
sales of those products to minors.
Section 17: AS 43.70.075(l) is amended for conformity that,
as with tobacco sales, to allow one business license
endorsement to serve as an umbrella if a vendor has multiple
locations they are selling E-cigarette or nicotine products,
and to shut down only the offending vending machine or outlet
location in the event of a violation.
Sections 18-23: AS 43.70.075(m), (r), (t), (v), (w), and (x)
are amended for conformity that, as with tobacco sales, to
allow an evidentiary and administrative hearing, appeal
process, and penalties in the event of violations of these
statutes, involving the sale of £-cigarette or nicotine
products to minors.
Section 24: AS 43.70.IOS(b) is amended for conformity that,
as with tobacco products, a vendor must have the appropriate
business license endorsement in order to lawfully sell E
cigarette or nicotine products.
Section 25: AS 43.70.110 is added for conformity, linking the
definitions of "electronic smoking products," and
distinguishing between traditional cigarette (tobacco)
products and other modern nicotine alternatives.
Section 26: AS 44.29.092 is amended for conformity that, as
with tobacco sales, providing the Dept. of Health and Social
Services the authority to issue citations for violating state
law regarding minors buying, selling or possessing E
cigarette or nicotine products.
Section 27: Is the applicability and effective date, applying
to offenses committed only after the effective date of the
bill, which would be 90 days after the bill is enacted
MR. LAMKIN noted that there is a request for an effective date
on January 1, 2018.
2:39:37 PM
MARGE STONEKING, Executive Director, American Lung Association
in Alaska, testified in support of SB 15. She said e-cigarettes
represent the long evolution of tobacco products in the US. They
are following the same patterns as conventional cigarettes,
particularly relating to youths. Electronic smoking products
have been in this country for about a decade and just three
months ago the surgeon general issued a report that said there
is no safe level of nicotine for youth and that all the same
policies and effective programs that work to reduce the rates of
youth tobacco use should be applied to e-cigarettes and vape
products. That includes retail licensure and underage sales
enforcement, both of which are addressed in this bill, she said.
SB 15 brings electronic vapor products under the very effective
youth tobacco enforcement program. It is one of the most
effective programs in the country with regards to retail
licensure and underage sales enforcement. She clarified that the
surgeon general report is a meta-analysis, which means that any
research that has been done that is related to youth and e-
cigarettes or nicotine use is referenced in the report.
CHAIR COGHILL summarized that the bill would move e-products
behind the counter and provide the same enforcement and sting
capacity as for traditional tobacco products.
MS. STONEKING said that's correct. She added that the underage
tobacco enforcement team conducted a survey of vape shops
regarding underage sales. The survey found that one-third of
vapor retailers around the state are selling to youths and in
Anchorage fifty percent are selling to youth.
CHAIR COGHILL observed that the difference is that someone could
buy vaping products on the internet but not tobacco. He asked if
other states have addressed that issue.
MS. STONEKING said she didn't have conclusive information but it
makes sense to her to clean up what is within Alaska's
jurisdiction first.
CHAIR COGHILL said it may be that having a stamp or endorsement
would be the only management tool.
MS. STONEKING voiced support for taxing the products as a means
of discouraging youth use.
2:44:58 PM
SENATOR COSTELLO asked what her preference is for an effective
date.
MS. STONEKING deferred the question to Joe Darnell.
JOE DARNELL, Investigator, Tobacco Section, Division of
Behavioral Health, Department of Health and Social Services
(DHSS), Anchorage, Alaska, said it doesn't make a difference for
the program he runs but commerce will need time to get the
licensing parts in place. He suggested she ask Angela Birt.
2:46:52 PM
ANGELA BIRT, Chief Investigator, Division of Corporations,
Business and Professional Licensing, Department of Commerce,
Community and Economic Development, Anchorage, Alaska, said it
would be helpful if it were January 1, 2018 to align with the
annual December 31 license renewal date.
2:47:32 PM
CHAIR COGHILL said he would talk to the sponsor about the
effective date. He asked members to submit amendments by
Wednesday next week.
SENATOR COSTELLO asked the sponsor to clarify that advertising
is being addressed at the federal level.
MR. LAMKIN said he understands that the Food and Drug
Administration is working on regulations regarding marketing,
sales, and labeling and intends to align them with tobacco
regulations.
2:48:44 PM
CHAIR COGHILL held SB 15 in committee for further consideration.
2:50:29 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at