Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/25/2016 01:30 PM Senate LABOR & COMMERCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB72 | |
| SB141 | |
| SB127 | |
| SB149 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 127 | TELECONFERENCED | |
| *+ | SB 149 | TELECONFERENCED | |
| *+ | SB 152 | TELECONFERENCED | |
| *+ | SB 118 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 72 | TELECONFERENCED | |
| += | SB 141 | TELECONFERENCED | |
SB 141-E-CIGS: SALE TO AND POSSESSION BY MINOR
1:41:42 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of SB 141. She noted that public testimony was
closed on 2/18/16, and asked for a motion to adopt the work
draft committee substitute (CS).
1:42:07 PM
SENATOR GIESSEL moved to adopt the work draft CS for SB 141,
labeled 29-LS1258\P, as the working document.
CHAIR COSTELLO objected for discussion purposes.
1:42:38 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, sponsor of SB 141, reminded the committee that this
bill is about protecting Alaska's youth and it treats e-
cigarettes and all their components the same as tobacco. Similar
to tobacco, vendors would be required to get a business license
endorsement to sell electronic smoking products of any kind. The
requirements relating to vending machines, signage, and
penalties for violating the statutes also would be the same as
for tobacco. The definition for electronic smoking product is
consolidated to keep any loophole from being exploited regarding
what these products really are.
He displayed a short video to illustrate the possible dangers of
these products.
MR. LAMKIN provided the following sectional analysis for version
P:
Section 1: AS 11.76.105(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 11.76.107(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 3: AS 11.76.109(a) Adds to existing law that a
minor may not sell tobacco or nicotine products, nor
sell electronic cigarettes, or any related component
thereof.
Section 4: AS 11.76.109(b) Provides an exception for
persons to sell or give E-cigarettes to a minor,
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 5: AS 11.76.109(f) 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 6: AS 11.81.900(b) Makes new definition for
"electronic smoking product," summarized as follows:
(67) a device designed to aerosolize and inhale
nicotine, a synthetic of nicotine, or other a
potentially hazardous substance that "may have an
adverse effect" on the person inhaling it.
Section 7: AS 43.50.105(b) is amended for conformity,
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.
Section 8: AS 43.70.075(a) amends existing law
requiring a special business license endorsement in
order to lawfully sell tobacco products, by including
the same licensing requirements for lawfully selling
E-cigarette or nicotine products.
Section 9: 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.
Section 10: 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."
Section 11: AS 43.70.07(i) amends existing enforcement
provisions that, as with tobacco sales, to allow the
State to seize a vendors' business license endorsement
and E-cigarette or nicotine products in the event of
such products being sold to minors.
Section 12: 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 13 through Sections 18: 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 E-cigarette or
nicotine products to minors.
Section 19: AS 43.70.075(y) is added for consistency,
linking the definitions of "electronic smoking
products," and distinguishing between traditional
cigarette (tobacco) products and other modern nicotine
alternatives.
Section 20: AS 43.70.105(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 21: 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 22: 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.
CHAIR COSTELLO noted the individuals available to answer
questions.
1:53:29 PM
CHAIR COSTELLO removed her objection and version P was before
the committee.
1:53:37 PM
SENATOR GIESSEL moved to report the CS for SB 141, labeled 29-
LS1258\P, from committee with individual recommendations and
attached fiscal note(s).
1:53:52 PM
CHAIR COSTELLO announced that without objection, CSSB 141(L&C)
is reported from the Senate Labor and Commerce Standing
Committee.