SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR  2:06:43 PM CHAIR COGHILL announced the consideration of SB 15 and noted his intent to continue public testimony. He listed the individuals available to answer questions. 2:07:51 PM JENNIFER BRANDT, representing herself, Wasilla, Alaska, testified in support of SB 15. She said that as the mother of a teenager she is deeply concerned about the rise in teen use of electronic nicotine devices. It is of particular concern that the vaping industry appears to target youth in its advertising. She provided an example and urged the committee to pass the bill. 2:08:56 PM ETHAN BRANDT, representing himself, Wasilla, Alaska, testified in support of SB 15. He said he is 13 years old and he knows that vaping at a young age makes it more likely the person will smoke when they are an adult. He concluded saying, "To protect the future of Alaska, say yes to SB 15." SENATOR WIELECHOWSKI asked where students in his school get vaping supplies. MR. BRANDT said he did not know. CHAIR COGHILL, noting that the legislative drafter was not available, asked the sponsor if the language in Section 3 clarifies that electronic smoking products must be purchased over the counter; it prohibits internet sales, which would include adults. 2:11:37 PM TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State Legislature, confirmed that Section 3 says that sales must be under the control of a sales clerk. He said it could be argued that in internet sales there is a clerk sitting at a computer terminal and is in control of transactions. "The vender, say in Carolina - wherever - would have a reasonable responsibility to confirm who is making that purchase." CHAIR COGHILL said he'd like to talk with the drafter about internet sales. MR. LAMKIN clarified that the sponsor does not want this legislation to get into tax questions. The focus of the bill is limiting youth access to electronic smoking products and devices. He cited AS 43.50.105 that addresses restrictions on shipping or transporting cigarettes and opined that internet sales of electronic smoking products should be addressed in that section of law. That is outside the scope of the bill. CHAIR COGHILL pointed out that AS 11.76.106(a) prohibits the sale of products containing tobacco in areas where the sales clerk does not control access. That applies to all ages. MR. LAMKIN said an investigator with the Department of Revenue is available to answer questions. 2:14:31 PM SENATOR MEYER asked how age is verified when the sale is conducted online. CHAIR COGHILL said cigarettes are not sold online in Alaska because of the taxation issue. MR. LAMKIN reiterated that the sponsor is not interested in addressing taxes in SB 15. "Once we get this basic policy in place, we can turn, later, to the taxing, including internet sales." CHAIR COGHILL said he wanted the committee to be aware that the bill potentially would prohibit adults from purchasing electronic products over the internet. He said he did not want to delay progress on the bill, but that question needs to be answered. He suggested a solution could be to include permissive language. MR. LAMKIN cautioned that introducing that sort of language for internet sales will compel the Department of Revenue (DOR) to investigate. That will trigger a fiscal note. SENATOR COSTELLO asked if the sponsor's intent is to prohibit internet sales of electronic smoking products in Alaska. MR. LAMKIN said no, but in the context of prohibiting sales to youth it would be an acceptable unintended consequence. It is already illegal in Alaska to purchase cigarettes over the internet, so it might be reasonable to ask whether the sale of e-cigarettes should also be prohibited. 2:18:44 PM CHAIR COGHILL held SB 15 in committee for further consideration.