Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/25/2016 01:30 PM LABOR & COMMERCE
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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.