Alaska 2025-2026 Regular Session

Alaska Senate Bill SB24 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	~~SB0024B~~ -1- ~~CSSB~~ 24~~(L&C)~~
	2	+	SB0024A -1- SB 24
3	3		New Text Underlined [DELETED TEXT BRACKETED]
4	4
5		-	34-LS0260\I
	5	+	34-LS0260\N
6	6
7	7
8	8
9	9
10		-	CS FOR SENATE BILL NO. 24(L&C)
	10	+
	11	+	SENATE BILL NO. 24
11	12
12	13		IN THE LEGISLATURE OF THE STATE OF ALASKA
13	14
14	15		THIRTY-FOURTH LEGISLATURE - FIRST SESSION
15	16
16		-	BY ~~THE SENATE LABOR AND COMMERCE COMMITTEE~~
	17	+	BY SENATOR STEVENS
17	18
18		-	~~Offered~~: 3/14/25
19		-	Referred: ~~Finance~~
	19	+	Introduced: 1/10/25
	20	+	Referred: Prefiled
20	21
21		-	~~Sponsor(s): SENATORS STEVENS, Giessel, Gray-Jackson~~
	22	+
22	23		A BILL
23	24
24	25		FOR AN ACT ENTITLED
25	26
26	27		"An Act relating to tobacco, tobacco products, electronic smoking products, nicotine, 1
27	28		and products containing nicotine; raising the minimum age to purchase, exchange, or 2
28	29		possess tobacco, a product containing nicotine, or an electronic smoking product; 3
29	30		relating to the tobacco use education and cessation fund; relating to the taxation of 4
30	31		electronic smoking products and vapor products; and providing for an effective date." 5
31	32		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
32	33		* Section 1. AS 11.76.100(a) is amended to read: 7
33	34		(a) A person commits the offense of selling or giving tobacco to a person
34	35		8
35	36		under 21 years of age [MINOR] if the person 9
36	37		(1) negligently sells a cigarette, a cigar, tobacco, or a product 10
37	38		containing tobacco to a person under 21 [19] years of age; 11
38	39		(2) is 21 [19] years of age or older and negligently exchanges or gives 12
39		-	a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] 13 34-LS0260\I
40		-	~~CSSB~~ 24~~(L&C)~~ -2- ~~SB0024B~~
	40	+	a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] 13 34-LS0260\N
	41	+	SB 24 -2- SB0024A
41	42		New Text Underlined [DELETED TEXT BRACKETED]
42	43
43	44		years of age; 1
44	45		(3) maintains a vending machine that dispenses cigarettes, cigars, 2
45	46		tobacco, or products containing tobacco; or 3
46	47		(4) holds a business license endorsement under AS 43.70.075 and 4
47	48		allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product 5
48	49		containing tobacco. 6
49	50		* Sec. 2. AS 11.76.100(b) is amended to read: 7
50	51		(b) Notwithstanding the provisions of (a) of this section, a person who 8
51	52		maintains a vending machine is not in violation of (a)(3) of this section if the vending 9
52	53		machine is located 10
53	54		(1) on premises licensed as a beverage dispensary under AS 04.09.200 11
54	55		or 04.09.350, licensed as a club under AS 04.09.220, or licensed as a package store 12
55	56		under AS 04.09.230 and 13
56	57		(A) as far as practicable from the primary entrance; and 14
57	58		(B) in a place that is directly and continually supervised by a 15
58	59		person employed on the licensed premises during the hours the vending 16
59	60		machine is accessible to the public; or 17
60	61		(2) in an employee break room or other controlled area of a private 18
61	62		work place that is not generally considered a public place and the room or area 19
62	63		contains a posted warning sign at least 11 inches by 14 inches indicating that 20
63	64		possession of tobacco by a person under 21 [19] years of age is prohibited under 21
64	65		AS 11.76.105. 22
65	66		* Sec. 3. AS 11.76.105 is amended to read: 23
66	67		Sec. 11.76.105. Possession of tobacco, electronic smoking products, or 24
67	68		products containing nicotine by a person under 21 years of age [MINOR]. (a) 25
68	69		Except as provided in (e) of this section, a [A] person under 21 [19] years of age 26
69	70		may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, 27
70	71		an electronic smoking product, or a product containing nicotine in this state. [THIS 28
71	72		SUBSECTION DOES NOT APPLY TO A PERSON WHO IS A PRISONER AT AN 29
72	73		ADULT CORRECTIONAL FACILITY.] 30
73		-	(b) In a prosecution under (a) of this section for possession of an electronic 31 34-LS0260\I
74		-	~~SB0024B~~ -3- ~~CSSB~~ 24~~(L&C)~~
	74	+	(b) In a prosecution under (a) of this section for possession of an electronic 31 34-LS0260\N
	75	+	SB0024A -3- SB 24
75	76		New Text Underlined [DELETED TEXT BRACKETED]
76	77
77	78		smoking product or a product containing nicotine, it is an affirmative defense that the 1
78	79		electronic smoking product or product containing nicotine possessed by the person 2
79	80		under 21 [19] years of age was intended or expected to be consumed without being 3
80	81		combusted, and the electronic smoking product or product containing nicotine 4
81	82		(1) has been approved by the United States Food and Drug 5
82	83		Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product 6
83	84		or for other medical purposes; 7
84	85		(2) was being marketed and sold for the approved purposes; and 8
85	86		(3) was 9
86	87		(A) prescribed by a health care professional; 10
87	88		(B) given to the person by the person's parent or guardian; 11
88	89		(C) provided by a state-approved tobacco cessation program 12
89	90		administered by the Department of Health; or 13
90	91		(D) provided by a pharmacist to a person 18 years of age or 14
91	92		older without a prescription. 15
92	93		(c) Possession of tobacco, an electronic smoking product, or a product 16
93	94		containing nicotine by a person under 21 years of age [MINOR] is a violation 17
94	95		punishable by a fine of not more than $300. Notwithstanding AS 12.55.035(b), in 18
95	96		place of any fine imposed for the violation of this subsection, the court may refer 19
96	97		a defendant, at the request of the defendant, to a tobacco education program. 20
97	98		* Sec. 4. AS 11.76.105 is amended by adding new subsections to read: 21
98	99		(d) The supreme court shall establish by rule or order a schedule of bail 22
99	100		amounts that may be forfeited without court appearance for a violation of this section 23
100	101		by a person 19 or 20 years of age. 24
101	102		(e) The supreme court, in establishing scheduled amounts of bail under this 25
102	103		section, may not allow for disposition of an offense without court appearance for a 26
103	104		person under 18 years of age who is cited for a violation of this section. 27
104	105		(f) The provisions of (a) of this section do not apply to a person 19 or 20 years 28
105	106		of age who is employed by a person with a business license endorsement under 29
106	107		AS 43.70.075 and, as part of that employment, is selling a cigarette, a cigar, tobacco, a 30
107		-	product containing tobacco, an electronic smoking product, or a product containing 31 34-LS0260\I
108		-	~~CSSB~~ 24~~(L&C)~~ -4- ~~SB0024B~~
	108	+	product containing tobacco, an electronic smoking product, or a product containing 31 34-LS0260\N
	109	+	SB 24 -4- SB0024A
109	110		New Text Underlined [DELETED TEXT BRACKETED]
110	111
111	112		nicotine. 1
112	113		* Sec. 5. AS 11.76.106(b) is amended to read: 2
113	114		(b) Subsection (a) does not apply if the sale 3
114	115		(1) is by vending machine as provided under AS 11.76.100(b) or 4
115	116		11.76.109(d); 5
116	117		(2) is a wholesale transaction, the person is licensed as a manufacturer 6
117	118		or distributor under AS 43.50.010, and the sale occurs on premises where no retail 7
118	119		transactions occur; 8
119	120		(3) is by a retailer who sells primarily cigarettes, cigars, tobacco, 9
120	121		products containing tobacco, electronic smoking products, or products containing 10
121	122		nicotine and who restricts access to the premises to only those individuals who are 21 11
122	123		[19] years of age or older; or 12
123	124		(4) is of electronic smoking products over the Internet to a person 21 13
124	125		[19] years of age or older. 14
125	126		* Sec. 6. AS 11.76.109(a) is amended to read: 15
126	127		(a) A person commits the offense of selling or giving an electronic smoking 16
127	128		product or a product containing nicotine to a person under 21 years of age [MINOR] 17
128	129		if the person 18
129	130		(1) negligently sells an electronic smoking product or a product 19
130	131		containing nicotine to a person under 21 [19] years of age; 20
131	132		(2) is 21 [19] years of age or older and negligently exchanges or gives 21
132	133		an electronic smoking product or a product containing nicotine to a person under 21 22
133	134		[19] years of age; 23
134	135		(3) maintains a vending machine that dispenses electronic smoking 24
135	136		products or products containing nicotine; or 25
136	137		(4) holds a business license endorsement under AS 43.70.075 and 26
137	138		allows a person under 19 years of age to sell an electronic smoking product or a 27
138	139		product containing nicotine. 28
139	140		* Sec. 7. AS 11.76.109(b) is amended to read: 29
140	141		(b) The provisions of (a) of this section do not apply to the sale, exchange, or 30
141		-	gift to a person under 21 [19] years of age of an electronic smoking product or a 31 34-LS0260\I
142		-	~~SB0024B~~ -5- ~~CSSB~~ 24~~(L&C)~~
	142	+	gift to a person under 21 [19] years of age of an electronic smoking product or a 31 34-LS0260\N
	143	+	SB0024A -5- SB 24
143	144		New Text Underlined [DELETED TEXT BRACKETED]
144	145
145	146		product containing nicotine that is intended or expected to be consumed without being 1
146	147		combusted if the electronic smoking product or product containing nicotine 2
147	148		(1) has been approved by the United States Food and Drug 3
148	149		Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product 4
149	150		or for other medical purposes; 5
150	151		(2) is being marketed and sold solely for the approved purposes; and 6
151	152		(3) is 7
152	153		(A) prescribed by a health care professional; 8
153	154		(B) given to a person by the person's parent or legal guardian; 9
154	155		(C) provided by a state-approved tobacco cessation program 10
155	156		administered by the Department of Health; or 11
156	157		(D) provided by a pharmacist to a person 18 years of age or 12
157	158		older without a prescription. 13
158	159		* Sec. 8. AS 11.76.109(d) is amended to read: 14
159	160		(d) Notwithstanding (a)(3) of this section, a person who maintains a vending 15
160	161		machine is not in violation of (a)(3) of this section if the vending machine is located 16
161	162		(1) on premises licensed as a beverage dispensary under AS 04.09.200 17
162	163		or 04.09.350, licensed as a club under AS 04.09.220, or licensed as a package store 18
163	164		under AS 04.09.230, and is located 19
164	165		(A) as far as practicable from the primary entrance; and 20
165	166		(B) in a place that is directly and continually supervised by a 21
166	167		person employed on the licensed premises during the hours the vending 22
167	168		machine is accessible to the public; or 23
168	169		(2) in an employee break room or other controlled area of a private 24
169	170		work place that is not generally considered a public place and the room or area 25
170	171		contains a posted warning sign at least 11 inches by 8.5 inches indicating that 26
171	172		possession of electronic smoking products or products containing nicotine by a person 27
172	173		under 21 [19] years of age without a prescription is prohibited under AS 11.76.105 28
173	174		[THIS SECTION]. 29
174	175		* Sec. 9. AS 11.76.109(g) is amended to read: 30
175		-	(g) Selling or giving an electronic smoking product or a product containing 31 34-LS0260\I
176		-	~~CSSB~~ 24~~(L&C)~~ -6- ~~SB0024B~~
	176	+	(g) Selling or giving an electronic smoking product or a product containing 31 34-LS0260\N
	177	+	SB 24 -6- SB0024A
177	178		New Text Underlined [DELETED TEXT BRACKETED]
178	179
179	180		nicotine to a person under 21 years of age [MINOR] is a violation and, upon 1
180	181		conviction, is punishable by a fine of not less than $300. 2
181	182		* Sec. 10. AS 11.81.900(b) is amended by adding a new paragraph to read: 3
182	183		(71) "nicotine" includes a chemical or chemical compound intended, 4
183	184		when introduced into the human body, to mimic or simulate the effect of nicotine from 5
184	185		tobacco. 6
185	186		* Sec. 11. AS 29.35.085(c) is amended to read: 7
186	187		(c) The community work provisions of AS 47.12.030(b)(5) 8
187	188		[AS 47.12.030(b)(6)] apply to punishment for a minor's conviction of a violation of a 9
188	189		curfew ordinance for which a penalty is provided under AS 29.25.070(a). 10
189	190		* Sec. 12. AS 37.05.580(a) is amended to read: 11
190	191		(a) The [THERE IS CREATED AS A SPECIAL ACCOUNT IN THE 12
191	192		GENERAL FUND THE] tobacco use education and cessation fund is established as a 13
192	193		separate fund in the state treasury. Each year, [INTO WHICH SHALL BE 14
193	194		DEPOSITED] 20 percent of annual [ANNUALLY OF THE] revenue derived from 15
194	195		the settlement of State of Alaska v. Philip Morris, Incorporated, et al, No. 1JU-97-915 16
195	196		CI (Alaska Super. 1997) shall be deposited into the fund. The purpose of the tobacco 17
196	197		use education and cessation fund is to provide a source to finance the comprehensive 18
197	198		smoking education, tobacco use prevention, and tobacco control program authorized 19
198	199		by AS 44.29.020(a)(12). 20
199	200		* Sec. 13. AS 43.50.070 is amended to read: 21
200	201		Sec. 43.50.070. Suspension or revocation of or refusal to renew a license. 22
201	202		(a) The department may suspend, revoke, or refuse to renew a license issued under this 23
202	203		chapter (1) for a negligent violation of AS 11.76.100, 11.76.106, 11.76.107, 24
203	204		11.76.109, or a violation of this chapter or a regulation of the department adopted 25
204	205		under this chapter; (2) if a licensee ceases to act in the capacity for which the license 26
205	206		was issued; or (3) if a licensee negligently sells tobacco or products containing 27
206	207		tobacco to a person who is required to, but does not, hold a license endorsement under 28
207	208		AS 43.70.075 or whose license endorsement under AS 43.70.075 has been suspended. 29
208	209		A person whose license is suspended or revoked may not sell cigarettes, [OR] tobacco 30
209		-	products, or electronic smoking products, or permit cigarettes, [OR] tobacco 31 34-LS0260\I
210		-	~~SB0024B~~ -7- ~~CSSB~~ 24~~(L&C)~~
	210	+	products, or electronic smoking products, or permit cigarettes, [OR] tobacco 31 34-LS0260\N
	211	+	SB0024A -7- SB 24
211	212		New Text Underlined [DELETED TEXT BRACKETED]
212	213
213	214		products, or electronic smoking products to be sold, during the period of the 1
214	215		suspension or revocation on the premises occupied or controlled by that person. A 2
215	216		disciplinary proceeding or action is not barred or abated by the expiration, transfer, 3
216	217		surrender, renewal, or extension of a license issued under this chapter. The department 4
217	218		shall comply with the provisions of AS 44.62 (Administrative Procedure Act), except 5
218	219		that a hearing officer of the department, rather than a hearing officer assigned under 6
219	220		AS 44.62.350, may conduct hearings. 7
220	221		(b) In this section, "licensee" means a person licensed under AS 43.50.010 - 8
221	222		43.50.180, [OR] 43.50.300 - 43.50.390, or 43.50.850 - 43.50.900. 9
222	223		* Sec. 14. AS 43.50.105(b) is amended to read: 10
223	224		(b) A person who is licensed under this chapter may not ship or cause to be 11
224	225		shipped cigarettes to a person in this state unless the person receiving the cigarettes 12
225	226		(1) is licensed under this chapter; 13
226	227		(2) holds a business license endorsement under AS 43.70.075; 14
227	228		(3) is an operator of a customs bonded warehouse under 19 U.S.C. 15
228	229		1311 or 19 U.S.C. 1555; 16
229	230		(4) is an instrumentality of the federal government or an Indian tribal 17
230	231		organization authorized by law to possess cigarettes not taxed under this chapter; or 18
231	232		(5) is an individual 21 [19] years of age or older and the individual's 19
232	233		age was verified at the time of purchase by a third-party verification service, the 20
233	234		individual is receiving the cigarettes for personal consumption, and the tax imposed 21
234	235		on the cigarettes under this chapter has been paid. 22
235	236		* Sec. 15. AS 43.50.105(c) is amended to read: 23
236	237		(c) A common or contract carrier may not knowingly transport cigarettes to a 24
237	238		person in this state unless the person 25
238	239		(1) shipping the cigarettes is licensed under this chapter and, before 26
239	240		shipment, provides the common or contract carrier with a copy of the person's current 27
240	241		license issued by the department and 28
241	242		(A) an affidavit from the intended recipient certifying that the 29
242	243		person receiving the cigarettes is a person described under (b)(1) - (4) [(b)(1) - 30
243		-	(5)] of this section; or 31 34-LS0260\I
244		-	~~CSSB~~ 24~~(L&C)~~ -8- ~~SB0024B~~
	244	+	(5)] of this section; or 31 34-LS0260\N
	245	+	SB 24 -8- SB0024A
245	246		New Text Underlined [DELETED TEXT BRACKETED]
246	247
247	248		(B) the common or contract carrier verifies the age of the 1
248	249		recipient as 21 years of age or older before delivery; or 2
249	250		(2) receiving the cigarettes is a person described under (a)(2) or (3) of 3
250	251		this section or is licensed under this chapter and, before receipt, provides the common 4
251	252		or contract carrier with a copy of the person's current license issued by the department. 5
252	253		* Sec. 16. AS 43.50.150(c) is amended to read: 6
253	254		(c) The department may enter into an agreement with a municipality that 7
254	255		imposes a tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking 8
255	256		products for the purpose of jointly auditing a person liable for a tax under 9
256	257		AS 43.50.010 - 43.50.390 or 43.50.850 - 43.50.900 and the municipal tax on 10
257	258		cigarettes, [OR OTHER] tobacco products, or electronic smoking products. 11
258	259		* Sec. 17. AS 43.50.190(d) is amended to read: 12
259	260		(d) A portion of the annual proceeds of the tax levied under (a) of this section 13
260	261		equal to 8.9 percent of the total proceeds of the tax shall be deposited into the tobacco 14
261	262		use education and cessation fund established in AS 37.05.580. [THIS DEPOSIT 15
262	263		SHALL BE IN ADDITION TO ANY SUMS DEPOSITED INTO THE FUND 16
263	264		UNDER AS 37.05.580(a).] 17
264	265		* Sec. 18. AS 43.50 is amended by adding a new section to read: 18
265	266		Sec. 43.50.325. Restrictions on shipping or transporting tobacco products. 19
266	267		(a) A person who is not licensed under this chapter may not ship or cause to be 20
267	268		shipped a tobacco product to a person in this state unless the person receiving the 21
268	269		tobacco product is 22
269	270		(1) licensed under this chapter; 23
270	271		(2) an operator of a customs bonded warehouse under 19 U.S.C. 1311 24
271		-	or 19 U.S.C. 1555; 25
	272	+	or 19 U.S.C. 1555; or 25
272	273		(3) an instrumentality of the federal government or an Indian tribal 26
273	274		organization authorized by law to possess tobacco products not taxed under this 27
274		-	chapter~~; or~~ 28
275		-	(4) ~~an individual purchasing~~ a ~~cigar~~ or ~~pipe tobacco for personal~~ 29
276		-	~~consumption who is 21 years of age or older and whose age was verified at~~ the ~~time of~~ 30
277		-	~~purchase though a third-party verification service.~~ 31 34-LS0260\I
278		-	~~SB0024B~~ -9- ~~CSSB~~ 24~~(L&C)~~
	275	+	chapter. 28
	276	+	(b) A person who is licensed under this chapter may not ship or cause to be 29
	277	+	shipped a tobacco product to a person in this state unless the person receiving the 30
	278	+	tobacco product 31 34-LS0260\N
	279	+	SB0024A -9- SB 24
279	280		New Text Underlined [DELETED TEXT BRACKETED]
280	281
281		-	(b) ~~A person who~~ is licensed under this chapter ~~may not ship or cause to be~~ 1
282		-	~~shipped~~ a ~~tobacco product to a person in this state unless the person receiving the~~ 2
283		-	~~tobacco product~~ 3
284		-	~~(1) is licensed under this chapter~~; 4
285		-	(2) ~~holds a business license endorsement under AS 43.70.075;~~ 5
286		-	~~(3) is an operator of a customs bonded warehouse~~ under ~~19 U.S.C.~~ 6
287		-	~~1311~~ or ~~19 U.S.C. 1555;~~ 7
288		-	(4) is an ~~instrumentality~~ of ~~the federal government~~ or ~~an Indian tribal~~ 8
289		-	~~organization authorized by law to possess tobacco products not taxed under this~~ 9
290		-	~~chapter; or~~ 10
291		-	~~(5) is an individual 21 years of age or older and~~ the ~~individual's age~~ 11
292		-	~~was verified at the time of purchase though~~ a ~~third-party verification service,~~ ~~the~~ 12
293		-	~~individual is receiving~~ the ~~tobacco product for personal consumption, and the tax~~ 13
294		-	~~imposed on~~ the tobacco product under this chapter ~~has been paid.~~ 14
295		-	~~(c) A~~ common or contract carrier ~~may not knowingly transport~~ a ~~tobacco~~ 15
296		-	~~product to a person in this state unless~~ 16
297		-	(1) ~~the common or contract carrier verifies~~ the ~~age of~~ the ~~recipient as~~ 17
298		-	~~21 years~~ of ~~age or older before delivery; or~~ 18
299		-	~~(2) the person receiving the tobacco product is a person described~~ 19
300		-	~~under (a)(2), (3),~~ or ~~(4)~~ of ~~this section or is licensed under this chapter and, before~~ 20
301		-	~~receipt, provides the common~~ or ~~contract carrier with a copy of the person's current~~ 21
302		-	~~license issued by~~ the ~~department.~~ 22
303		-	(d) ~~If a tobacco product~~ is ~~transported by a common or contract carrier to a~~ 23
304		-	~~home or residence, it is rebuttably presumed that the~~ common or contract carrier ~~knew~~ 24
305		-	~~that the recipient of the tobacco product was not a person described under (b)(1) - (5)~~ 25
306		-	~~of this section,~~ ~~unless the~~ common or contract carrier ~~has satisfied the requirements in~~ 26
307		-	~~(c)(1) of this section.~~ 27
308		-	~~(e)~~ A person~~, other than a common or contract carrier, may not knowingly~~ 28
309		-	~~transport a tobacco product to a person in~~ this ~~state~~, unless the ~~recipient of~~ the tobacco 29
310		-	~~product is a person described under~~ (~~a)(4) or (b~~)(1~~) - (5~~) of this section. 30
311		-	(f) A person ~~who ships~~ or ~~causes to be shipped a tobacco product to a person~~ 31 34-LS0260\I
312		-	~~CSSB~~ 24~~(L&C)~~ -10- ~~SB0024B~~
	282	+	(1) is licensed under this chapter; 1
	283	+	(2) holds a business license endorsement under AS 43.70.075; 2
	284	+	(3) is an operator of a customs bonded warehouse under 19 U.S.C. 3
	285	+	1311 or 19 U.S.C. 1555; 4
	286	+	(4) is an instrumentality of the federal government or an Indian tribal 5
	287	+	organization authorized by law to possess tobacco products not taxed under this 6
	288	+	chapter; or 7
	289	+	(5) is an individual 21 years of age or older and the individual's age 8
	290	+	was verified at the time of purchase though a third-party verification service, the 9
	291	+	individual is receiving the tobacco product for personal consumption, and the tax 10
	292	+	imposed on the tobacco product under this chapter has been paid. 11
	293	+	(c) A common or contract carrier may not knowingly transport a tobacco 12
	294	+	product to a person in this state unless the person 13
	295	+	(1) shipping the tobacco product is licensed under this chapter and, 14
	296	+	before shipment, provides the common or contract carrier with a copy of the person's 15
	297	+	current license issued by the department and 16
	298	+	(A) an affidavit from the intended recipient certifying that the 17
	299	+	person receiving the tobacco product is a person described under (b)(1) - (4) of 18
	300	+	this section; or 19
	301	+	(B) the common or contract carrier verifies the age of the 20
	302	+	recipient as 21 years of age or older before delivery; or 21
	303	+	(2) receiving the tobacco product is a person described under (a)(2) or 22
	304	+	(3) of this section or is licensed under this chapter and, before receipt, provides the 23
	305	+	common or contract carrier with a copy of the person's current license issued by the 24
	306	+	department. 25
	307	+	(d) If a tobacco product is transported by a common or contract carrier to a 26
	308	+	home or residence, it is rebuttably presumed that the common or contract carrier knew 27
	309	+	that the recipient of the tobacco product was not a person described under (b)(1) - (5) 28
	310	+	of this section, unless the person shipping the tobacco product has satisfied the 29
	311	+	requirements in (c)(1) of this section. 30
	312	+	(e) A person, other than a common or contract carrier, may not knowingly 31 34-LS0260\N
	313	+	SB 24 -10- SB0024A
313	314		New Text Underlined [DELETED TEXT BRACKETED]
314	315
315		-	in this state ~~shall plainly and visibly mark~~ the ~~container or wrapping with~~ the ~~words~~ 1
316		-	~~"tobacco product" if the tobacco~~ product is ~~shipped in~~ a ~~container or wrapping other~~ 2
317		-	~~than the manufacturer's original container~~ or ~~wrapping of the~~ tobacco product. 3
318		-	~~(g) A person who violates~~ the ~~provisions of this section is guilty of a class A~~ 4
319		-	~~misdemeanor~~ if the ~~person unlawfully ships, causes to be~~ shipped, or ~~transports a~~ 5
320		-	tobacco product. 6
321		-	(h) ~~In addition to~~ the ~~criminal penalty under (g)~~ of this section~~, the department~~ 7
322		-	~~may assess~~ a ~~civil penalty of not more than $5,000 for each violation of this section.~~ 8
323		-	~~(i) A person who violates the provisions of this section is jointly and severally~~ 9
324		-	~~liable for the taxes imposed by AS 43.50.090 and 43.50.190.~~ To the ~~fullest extent~~ 10
325		-	~~permitted by the Constitution~~ of ~~the United States~~, ~~a person who violates the~~ 11
326		-	provisions of this section is ~~required to collect the taxes~~ and ~~pay them to the~~ 12
327		-	~~department~~. 13
328		-	* Sec. 19. AS 43.50 is amended by ~~adding new sections to read:~~ 14
329		-	~~Article 8.~~ ~~Electronic Smoking Products Sales,~~ ~~Shipping, Licensing,~~ and ~~Tax.~~ 15
330		-	~~Sec~~. ~~43.50.850. Tax levied; collection. (a) A tax is levied on closed electronic~~ 16
331		-	~~smoking products and vapor products in the state~~. ~~The tax~~ is ~~25 percent of the retail~~ 17
332		-	~~sales price of a closed~~ electronic smoking ~~product or a vapor product~~. 18
333		-	(b) A ~~licensee located in the state shall collect and remit the~~ tax ~~to the~~ 19
334		-	~~department~~. ~~A licensee located outside~~ of the ~~state shall collect and remit the tax to the~~ 20
335		-	~~department if the licensee has more than 200 transactions in the state in the current~~ or 21
336		-	~~preceding calendar year.~~ 22
337		-	~~Sec~~. ~~43.50.855. Exemptions.~~ ~~(a)~~ The tax ~~does not apply~~ to 23
338		-	~~(1) a closed electronic smoking product~~ or ~~vapor product~~ 24
339		-	~~(A) sold in a facility operated by one of the uniformed services~~ 25
340		-	of the ~~United States;~~ 26
341		-	(B) ~~approved for sale by the United States Food and Drug~~ 27
342		-	~~Administration as~~ a ~~drug, drug product,~~ ~~including a drug product used to treat~~ 28
343		-	~~tobacco dependence,~~ ~~or combination product under 21 U.S.C. 301 - 392~~ 29
344		-	(~~Federal~~ Food~~, Drug,~~ and ~~Cosmetic Act);~~ 30
345		-	~~(C) if the United States Constitution or other federal laws~~ 31 34-LS0260\I
346		-	~~SB0024B~~ -11- ~~CSSB~~ 24~~(L&C)~~
	316	+	transport a tobacco product to a person in this state, unless the recipient of the tobacco 1
	317	+	product is a person described under (b)(1) - (5) of this section. 2
	318	+	(f) A person who ships or causes to be shipped a tobacco product to a person 3
	319	+	in this state shall plainly and visibly mark the container or wrapping with the words 4
	320	+	"tobacco product" if the tobacco product is shipped in a container or wrapping other 5
	321	+	than the manufacturer's original container or wrapping of the tobacco product. 6
	322	+	(g) A person who violates the provisions of this section is guilty of a class A 7
	323	+	misdemeanor if the person unlawfully ships, causes to be shipped, or transports a 8
	324	+	tobacco product. 9
	325	+	(h) In addition to the criminal penalty under (g) of this section, the department 10
	326	+	may assess a civil penalty of not more than $5,000 for each violation of this section. 11
	327	+	(i) A person who violates the provisions of this section is jointly and severally 12
	328	+	liable for the taxes imposed by AS 43.50.090 and 43.50.190. To the fullest extent 13
	329	+	permitted by the Constitution of the United States, a person who violates the 14
	330	+	provisions of this section is required to collect the taxes and pay them to the 15
	331	+	department. 16
	332	+	* Sec. 19. AS 43.50 is amended by adding new sections to read: 17
	333	+	Article 8. Electronic Smoking Products Sales, Shipping, Licensing, and Tax. 18
	334	+	Sec. 43.50.850. Tax levied; collection. (a) A tax is levied on closed electronic 19
	335	+	smoking products and vapor products in the state. The tax is 25 percent of the retail 20
	336	+	sales price of a closed electronic smoking product or a vapor product. 21
	337	+	(b) A licensee located in the state shall collect and remit the tax to the 22
	338	+	department. A licensee located outside of the state shall collect and remit the tax to the 23
	339	+	department if the licensee has more than 200 transactions in the state in the current or 24
	340	+	preceding calendar year. 25
	341	+	Sec. 43.50.855. Exemptions. (a) The tax does not apply to 26
	342	+	(1) a closed electronic smoking product or vapor product 27
	343	+	(A) sold in a facility operated by one of the uniformed services 28
	344	+	of the United States; 29
	345	+	(B) approved for sale by the United States Food and Drug 30
	346	+	Administration as a drug, drug product, including a drug product used to treat 31 34-LS0260\N
	347	+	SB0024A -11- SB 24
347	348		New Text Underlined [DELETED TEXT BRACKETED]
348	349
349		-	~~prohibit the levying of the tax on the~~ product ~~by the state;~~ 1
350		-	(~~D) designed~~, ~~marketed~~, and ~~sold for the purpose of vaporizing~~ 2
351		-	~~or aerosolizing marijuana, marijuana products, hemp, or hemp products~~ if the 3
352		-	~~marijuana, marijuana products,~~ ~~hemp, or hemp products do not contain~~ 4
353		-	~~nicotine~~ and ~~are intended~~ for ~~sale only in a retail marijuana store;~~ 5
354		-	~~(2)~~ marijuana or marijuana products ~~subject to tax under AS 43.61~~ if 6
355		-	~~the~~ marijuana or ~~marijuana~~ products do not contain ~~nicotine; or~~ 7
356		-	~~(3) hemp or hemp products if the hemp or hemp products do not~~ 8
357		-	~~contain nicotine~~. 9
358		-	~~(b) In this section,~~ 10
359		-	(1) ~~"hemp" and "hemp products" mean~~ hemp or a hemp ~~product~~ 11
360		-	~~produced by an individual registered under AS 03~~.~~05.076;~~ 12
361		-	(2) ~~"marijuana~~,~~" "marijuana products," and "retail marijuana store"~~ 13
362		-	~~have the meanings given in AS 17.38.900;~~ 14
363		-	~~(3) "uniformed~~ ~~services" has the meaning given in 5 U.S.C. 2101.~~ 15
364		-	~~Sec. 43.50.860. Licensing.~~ (a) ~~Except as provided in (g) of this section, a~~ 16
365		-	~~person must be licensed by~~ the ~~department if the person engages~~ in ~~business~~ as a 17
366		-	~~retailer of an electronic smoking product~~. 18
367		-	(b) ~~The department,~~ ~~upon application and payment~~ of ~~a fee of $50~~, ~~shall issue~~ 19
368		-	~~a license for one year to~~ a ~~person who applies for a license under (a) of this section.~~ 20
369		-	~~(c) The department may refuse to issue a license under this section if~~ 21
370		-	(1) ~~there is reasonable cause to believe~~ the ~~information submitted in~~ 22
371		-	~~the application is false or misleading and is not made in good faith;~~ 23
372		-	(2) the ~~applicant is not in good standing~~ under ~~AS 10.06 (Alaska~~ 24
373		-	~~Corporations Code); or~~ 25
374		-	~~(3) a tax levied under this chapter~~ is ~~due~~ and ~~unpaid by the applicant.~~ 26
375		-	(d) ~~A license issued~~ under ~~this section must include the name and address of~~ 27
376		-	~~the licensee,~~ ~~the type of business to be conducted, and the year for which the license is~~ 28
377		-	~~issued~~. 29
378		-	(e) ~~The department may renew~~ a license issued under this section ~~for a fee~~ of 30
379		-	~~$50 if~~ the ~~applicant~~ 31 34-LS0260\I
380		-	~~CSSB~~ 24~~(L&C)~~ -12- ~~SB0024B~~
	350	+	tobacco dependence, or combination product under 21 U.S.C. 301 - 392 1
	351	+	(Federal Food, Drug, and Cosmetic Act); 2
	352	+	(C) if the United States Constitution or other federal laws 3
	353	+	prohibit the levying of the tax on the product by the state; 4
	354	+	(D) designed, marketed, and sold for the purpose of vaporizing 5
	355	+	or aerosolizing marijuana, marijuana products, hemp, or hemp products if the 6
	356	+	marijuana, marijuana products, hemp, or hemp products do not contain 7
	357	+	nicotine and are intended for sale only in a retail marijuana store; 8
	358	+	(2) marijuana or marijuana products subject to tax under AS 43.61 if 9
	359	+	the marijuana or marijuana products do not contain nicotine; or 10
	360	+	(3) hemp or hemp products if the hemp or hemp products do not 11
	361	+	contain nicotine. 12
	362	+	(b) In this section, 13
	363	+	(1) "hemp" and "hemp products" mean hemp or a hemp product 14
	364	+	produced by an individual registered under AS 03.05.076; 15
	365	+	(2) "marijuana," "marijuana products," and "retail marijuana store" 16
	366	+	have the meanings given in AS 17.38.900; 17
	367	+	(3) "uniformed services" has the meaning given in 5 U.S.C. 2101. 18
	368	+	Sec. 43.50.860. Licensing. (a) Except as provided in (g) of this section, a 19
	369	+	person must be licensed by the department if the person engages in business as a 20
	370	+	retailer of an electronic smoking product. 21
	371	+	(b) The department, upon application and payment of a fee of $50, shall issue 22
	372	+	a license for one year to a person who applies for a license under (a) of this section. 23
	373	+	(c) The department may refuse to issue a license under this section if 24
	374	+	(1) there is reasonable cause to believe the information submitted in 25
	375	+	the application is false or misleading and is not made in good faith; 26
	376	+	(2) the applicant is not in good standing under AS 10.06 (Alaska 27
	377	+	Corporations Code); or 28
	378	+	(3) a tax levied under this chapter is due and unpaid by the applicant. 29
	379	+	(d) A license issued under this section must include the name and address of 30
	380	+	the licensee, the type of business to be conducted, and the year for which the license is 31 34-LS0260\N
	381	+	SB 24 -12- SB0024A
381	382		New Text Underlined [DELETED TEXT BRACKETED]
382	383
383		-	~~(1) is in good standing under AS 10.06 (Alaska Corporations Code);~~ 1
384		-	~~and~~ 2
385		-	~~(2) does not have unpaid taxes under this chapter.~~ 3
386		-	(f) ~~The department may suspend,~~ ~~revoke, or refuse to renew a license issued~~ 4
387		-	~~under this section as provided in AS 43.50.070.~~ 5
388		-	(g) ~~A license required by~~ this ~~section is in addition to any other license~~ 6
389		-	~~required by law~~, ~~except that~~ a ~~person who is licensed under AS 43.50.010 - 43.50.180~~ 7
390		-	or 43.50.~~300 - 43.50.390 is exempt from the licensing requirements of this section~~. 8
391		-	(h) A license ~~issued under~~ this section is ~~not assignable or transferable,~~ ~~except~~ 9
392		-	that ~~in the case of death,~~ ~~bankruptcy, receivership,~~ ~~or incompetency of the licensee, or~~ 10
393		-	if the ~~business~~ of ~~the licensee is transferred to another by operation of law, the~~ 11
394		-	~~department may extend the~~ license ~~for a limited time to the executor~~, ~~administrator,~~ 12
395		-	~~trustee~~, ~~receiver~~, or ~~transferee.~~ 13
396		-	~~(i) A person licensed under this section may not~~ 14
397		-	~~(1) distribute an electronic smoking product designed or packaged so~~ 15
398		-	~~as not to be clearly recognizable as an electronic smoking product;~~ or 16
399		-	(2) ~~market an electronic smoking product, including~~ a ~~flavored~~ 17
400		-	electronic smoking product~~, in a manner likely to promote use of the electronic~~ 18
401		-	smoking product ~~by a person under 21 years of age.~~ 19
402		-	~~Sec. 43.50.865. Returns.~~ ~~On or before the last day of each calendar month,~~ a 20
403		-	~~licensee shall file~~ a ~~return with~~ the ~~department. The return must state the number or~~ 21
404		-	~~amount~~ of ~~closed electronic smoking products, vapor products, and other electronic~~ 22
405		-	~~smoking products sold by~~ the ~~licensee during the preceding~~ calendar month, ~~the~~ 23
406		-	~~selling price of~~ the ~~electronic smoking products, and~~ the ~~amount of tax imposed on~~ the 24
407		-	closed electronic smoking products ~~and~~ vapor products. 25
408		-	~~Sec. 43.50.870. Records.~~ A licensee ~~shall keep a complete and accurate record~~ 26
409		-	of ~~all~~ electronic smoking products of the ~~licensee, including purchase prices, sales~~ 27
410		-	~~prices, the names~~ and ~~addresses of the sellers, the dates of delivery, the quantities of~~ 28
411		-	~~electronic smoking products,~~ and ~~the trade names and brands. Statements and records~~ 29
412		-	~~required by this section must be in~~ the ~~form prescribed by the department~~, ~~preserved~~ 30
413		-	~~for three years,~~ and ~~available for inspection upon demand by~~ the ~~department.~~ 31 34-LS0260\I
414		-	~~SB0024B~~ -13- ~~CSSB~~ 24~~(L&C)~~
	384	+	issued. 1
	385	+	(e) The department may renew a license issued under this section for a fee of 2
	386	+	$50 if the applicant 3
	387	+	(1) is in good standing under AS 10.06 (Alaska Corporations Code); 4
	388	+	and 5
	389	+	(2) does not have unpaid taxes under this chapter. 6
	390	+	(f) The department may suspend, revoke, or refuse to renew a license issued 7
	391	+	under this section as provided in AS 43.50.070. 8
	392	+	(g) A license required by this section is in addition to any other license 9
	393	+	required by law, except that a person who is licensed under AS 43.50.010 - 43.50.180 10
	394	+	or 43.50.300 - 43.50.390 is exempt from the licensing requirements of this section. 11
	395	+	(h) A license issued under this section is not assignable or transferable, except 12
	396	+	that in the case of death, bankruptcy, receivership, or incompetency of the licensee, or 13
	397	+	if the business of the licensee is transferred to another by operation of law, the 14
	398	+	department may extend the license for a limited time to the executor, administrator, 15
	399	+	trustee, receiver, or transferee. 16
	400	+	(i) A person licensed under this section may not 17
	401	+	(1) distribute an electronic smoking product designed or packaged so 18
	402	+	as not to be clearly recognizable as an electronic smoking product; or 19
	403	+	(2) market an electronic smoking product, including a flavored 20
	404	+	electronic smoking product, in a manner likely to promote use of the electronic 21
	405	+	smoking product by a person under 21 years of age. 22
	406	+	Sec. 43.50.865. Returns. On or before the last day of each calendar month, a 23
	407	+	licensee shall file a return with the department. The return must state the number or 24
	408	+	amount of closed electronic smoking products, vapor products, and other electronic 25
	409	+	smoking products sold by the licensee during the preceding calendar month, the 26
	410	+	selling price of the electronic smoking products, and the amount of tax imposed on the 27
	411	+	closed electronic smoking products and vapor products. 28
	412	+	Sec. 43.50.870. Records. A licensee shall keep a complete and accurate record 29
	413	+	of all electronic smoking products of the licensee, including purchase prices, sales 30
	414	+	prices, the names and addresses of the sellers, the dates of delivery, the quantities of 31 34-LS0260\N
	415	+	SB0024A -13- SB 24
415	416		New Text Underlined [DELETED TEXT BRACKETED]
416	417
417		-	~~Sec. 43.50.875. Disposition of proceeds.~~ The ~~annual proceeds of the tax~~ 1
418		-	~~levied under AS 43.50.850 shall~~ be ~~deposited into~~ the ~~tobacco use education and~~ 2
419		-	~~cessation fund established in AS 37.05.580~~ and ~~may be appropriated from~~ the ~~fund for~~ 3
420		-	~~the purposes listed in AS 44~~.~~29.020(a)(12) or for efforts to prevent or detect~~ the ~~use~~ of 4
421		-	tobacco ~~or electronic smoking products in a school.~~ 5
422		-	~~Sec~~. ~~43.50.880. Restrictions on shipping or transporting electronic~~ 6
423		-	~~smoking products~~. (a) ~~A person who is not licensed under this chapter may not ship~~ 7
424		-	or ~~cause to be shipped an~~ electronic smoking ~~product to~~ a ~~person in this state unless~~ 8
425		-	~~the person receiving the~~ electronic ~~smoking product is~~ 9
426		-	(1) licensed under this chapter; 10
427		-	~~(2)~~ an ~~operator of~~ a ~~customs bonded warehouse under 19 U.S.C. 1311~~ 11
428		-	~~or 19 U.S.C. 1555;~~ or 12
429		-	(3) ~~an instrumentality of the federal government or an Indian tribal~~ 13
430		-	~~organization authorized by law to possess electronic smoking products not taxed~~ under 14
431		-	~~this chapter~~. 15
432		-	(b) ~~A person who is licensed under this chapter may not ship~~ or ~~cause to be~~ 16
433		-	~~shipped an~~ electronic smoking ~~product to a person in this state unless the person~~ 17
434		-	~~receiving the electronic smoking product~~ 18
435		-	(1) is licensed under this chapter; 19
436		-	~~(2) holds~~ a ~~business license endorsement under AS 43.70.075;~~ 20
437		-	~~(3) is an operator of a customs bonded warehouse under 19 U.S.C.~~ 21
438		-	~~1311 or 19 U.S.C. 1555~~; 22
439		-	(4) ~~is an instrumentality of the federal government or an Indian tribal~~ 23
440		-	~~organization authorized by law to possess electronic smoking products not taxed~~ under 24
441		-	~~this chapter;~~ or 25
442		-	(5) is an ~~individual 21 years~~ of ~~age~~ or ~~older and the individual's age~~ 26
443		-	~~was verified at the time of purchase though a third-party~~ ~~verification service, the~~ 27
444		-	~~individual is receiving the electronic smoking product for personal consumption, and~~ 28
445		-	~~the tax imposed on~~ the ~~electronic smoking product under this chapter has been paid.~~ 29
446		-	~~(c)~~ A ~~common or contract carrier may not knowingly transport an electronic~~ 30
447		-	smoking product ~~to a person in this state unless the person~~ 31 34-LS0260\I
448		-	~~CSSB~~ 24~~(L&C)~~ -14- ~~SB0024B~~
	418	+	electronic smoking products, and the trade names and brands. Statements and records 1
	419	+	required by this section must be in the form prescribed by the department, preserved 2
	420	+	for three years, and available for inspection upon demand by the department. 3
	421	+	Sec. 43.50.875. Disposition of proceeds. The annual proceeds of the tax 4
	422	+	levied under AS 43.50.850 shall be deposited into the tobacco use education and 5
	423	+	cessation fund established in AS 37.05.580 and may be appropriated from the fund for 6
	424	+	the purposes listed in AS 44.29.020(a)(12) or for efforts to prevent or detect the use of 7
	425	+	tobacco or electronic smoking products in a school. 8
	426	+	Sec. 43.50.880. Restrictions on shipping or transporting electronic 9
	427	+	smoking products. (a) A person who is not licensed under this chapter may not ship 10
	428	+	or cause to be shipped an electronic smoking product to a person in this state unless 11
	429	+	the person receiving the electronic smoking product is 12
	430	+	(1) licensed under this chapter; 13
	431	+	(2) an operator of a customs bonded warehouse under 19 U.S.C. 1311 14
	432	+	or 19 U.S.C. 1555; or 15
	433	+	(3) an instrumentality of the federal government or an Indian tribal 16
	434	+	organization authorized by law to possess electronic smoking products not taxed under 17
	435	+	this chapter. 18
	436	+	(b) A person who is licensed under this chapter may not ship or cause to be 19
	437	+	shipped an electronic smoking product to a person in this state unless the person 20
	438	+	receiving the electronic smoking product 21
	439	+	(1) is licensed under this chapter; 22
	440	+	(2) holds a business license endorsement under AS 43.70.075; 23
	441	+	(3) is an operator of a customs bonded warehouse under 19 U.S.C. 24
	442	+	1311 or 19 U.S.C. 1555; 25
	443	+	(4) is an instrumentality of the federal government or an Indian tribal 26
	444	+	organization authorized by law to possess electronic smoking products not taxed under 27
	445	+	this chapter; or 28
	446	+	(5) is an individual 21 years of age or older and the individual's age 29
	447	+	was verified at the time of purchase though a third-party verification service, the 30
	448	+	individual is receiving the electronic smoking product for personal consumption, and 31 34-LS0260\N
	449	+	SB 24 -14- SB0024A
449	450		New Text Underlined [DELETED TEXT BRACKETED]
450	451
451		-	~~(1) shipping~~ the electronic smoking product ~~is licensed~~ under this 1
452		-	~~chapter and,~~ ~~before shipment, provides the~~ common or contract carrier ~~with a copy of~~ 2
453		-	the person~~'s current license issued by the department and~~ 3
454		-	(A) ~~an affidavit from~~ the ~~intended recipient certifying that the~~ 4
455		-	~~person receiving~~ the ~~electronic smoking product is~~ a ~~person described under~~ 5
456		-	~~(b)(1) - (4) of this section;~~ or 6
457		-	(B) the ~~common or contract carrier verifies the age of~~ the 7
458		-	~~recipient as 21 years of age or older before delivery;~~ or 8
459		-	(2) ~~receiving the electronic smoking product is a person described~~ 9
460		-	~~under (a)(2)~~ or ~~(3)~~ of ~~this section or is licensed under this chapter and, before receipt,~~ 10
461		-	~~provides the common~~ or ~~contract carrier with a copy of the person's current license~~ 11
462		-	~~issued by~~ the ~~department.~~ 12
463		-	(d) ~~If an electronic smoking product~~ is ~~transported by a common or contract~~ 13
464		-	~~carrier to a home or residence, it is rebuttably presumed that~~ the common or contract 14
465		-	~~carrier knew that~~ the ~~recipient of the electronic smoking product was not a person~~ 15
466		-	~~described under~~ (~~b)(1~~) ~~- (5) of this section, unless the person shipping the~~ electronic 16
467		-	~~smoking product has satisfied~~ the ~~requirements in (c)(1) of this section.~~ 17
468		-	~~(e)~~ A person~~, other than a common or contract carrier, may not knowingly~~ 18
469		-	~~transport an electronic smoking product to a person in~~ this ~~state~~, unless the ~~recipient of~~ 19
470		-	~~the electronic~~ smoking product ~~is a person described under~~ (b)(1~~) - (5~~) of this section. 20
471		-	(f) A person ~~who ships~~ or ~~causes to be shipped an electronic smoking product~~ 21
472		-	to a person in this state ~~shall plainly and visibly mark~~ the ~~container or wrapping with~~ 22
473		-	~~the words "electronic smoking product" if~~ the electronic smoking product is ~~shipped in~~ 23
474		-	a ~~container~~ or ~~wrapping other than the manufacturer's original container or wrapping~~ 24
475		-	of the ~~electronic smoking product.~~ 25
476		-	~~(g) A person who violates~~ the ~~provisions of this section~~ is ~~guilty of a class A~~ 26
477		-	~~misdemeanor if~~ the ~~person unlawfully ships, causes to be shipped,~~ or ~~transports an~~ 27
478		-	electronic smoking product. 28
479		-	(h) ~~In addition to~~ the ~~criminal penalty under (g)~~ of this section~~, the department~~ 29
480		-	~~may assess a civil penalty of not more than $5~~,~~000 for each violation of this section.~~ 30
481		-	~~(i) A person who violates the provisions of this section is jointly and severally~~ 31 34-LS0260\I
482		-	~~SB0024B~~ -15- ~~CSSB~~ 24~~(L&C)~~
	452	+	the tax imposed on the electronic smoking product under this chapter has been paid. 1
	453	+	(c) A common or contract carrier may not knowingly transport an electronic 2
	454	+	smoking product to a person in this state unless the person 3
	455	+	(1) shipping the electronic smoking product is licensed under this 4
	456	+	chapter and, before shipment, provides the common or contract carrier with a copy of 5
	457	+	the person's current license issued by the department and 6
	458	+	(A) an affidavit from the intended recipient certifying that the 7
	459	+	person receiving the electronic smoking product is a person described under 8
	460	+	(b)(1) - (4) of this section; or 9
	461	+	(B) the common or contract carrier verifies the age of the 10
	462	+	recipient as 21 years of age or older before delivery; or 11
	463	+	(2) receiving the electronic smoking product is a person described 12
	464	+	under (a)(2) or (3) of this section or is licensed under this chapter and, before receipt, 13
	465	+	provides the common or contract carrier with a copy of the person's current license 14
	466	+	issued by the department. 15
	467	+	(d) If an electronic smoking product is transported by a common or contract 16
	468	+	carrier to a home or residence, it is rebuttably presumed that the common or contract 17
	469	+	carrier knew that the recipient of the electronic smoking product was not a person 18
	470	+	described under (b)(1) - (5) of this section, unless the person shipping the electronic 19
	471	+	smoking product has satisfied the requirements in (c)(1) of this section. 20
	472	+	(e) A person, other than a common or contract carrier, may not knowingly 21
	473	+	transport an electronic smoking product to a person in this state, unless the recipient of 22
	474	+	the electronic smoking product is a person described under (b)(1) - (5) of this section. 23
	475	+	(f) A person who ships or causes to be shipped an electronic smoking product 24
	476	+	to a person in this state shall plainly and visibly mark the container or wrapping with 25
	477	+	the words "electronic smoking product" if the electronic smoking product is shipped in 26
	478	+	a container or wrapping other than the manufacturer's original container or wrapping 27
	479	+	of the electronic smoking product. 28
	480	+	(g) A person who violates the provisions of this section is guilty of a class A 29
	481	+	misdemeanor if the person unlawfully ships, causes to be shipped, or transports an 30
	482	+	electronic smoking product. 31 34-LS0260\N
	483	+	SB0024A -15- SB 24
483	484		New Text Underlined [DELETED TEXT BRACKETED]
484	485
485		-	~~liable for the taxes imposed by AS 43.50.850.~~ To the ~~fullest extent permitted by~~ the 1
486		-	~~Constitution~~ of ~~the United States~~, ~~a person who violates the provisions~~ of this section 2
487		-	~~is required to collect~~ the ~~taxes~~ and ~~pay them to the department.~~ 3
488		-	~~Sec.~~ 43.50.~~885~~. ~~Restrictions on electronic smoking products.~~ ~~A person may~~ 4
489		-	~~sell or distribute to consumers in~~ this ~~state, acquire, hold, own, possess, or transport~~ 5
490		-	~~for sale or distribution in this state, or import or cause~~ to ~~be imported into this state for~~ 6
491		-	~~sale or distribution in this state only~~ electronic smoking products 7
492		-	~~(1) for which the component vapor product~~ 8
493		-	~~(A) has a nicotine content of not more than 70 milligrams of~~ 9
494		-	~~nicotine for each milliliter of vapor product;~~ 10
495		-	(B) ~~is protected from breakage and leakage;~~ 11
496		-	(C) ~~does~~ not ~~contain added vitamins or other additives~~ 12
497		-	~~marketed to create the impression~~ of ~~health benefits~~; ~~in this subparagraph,~~ 13
498		-	~~"vitamins or other additives"~~ ~~includes caffeine,~~ ~~taurine, vitamin E acetate,~~ 14
499		-	~~stimulants, and colorants;~~ 15
500		-	~~(2) that are packaged~~ to ~~be child-~~ ~~and tamper-proof~~; ~~and~~ 16
501		-	~~(3) that are labeled to inform consumers about all vapor product~~ 17
502		-	~~ingredients~~ and ~~nicotine content.~~ 18
503		-	~~Sec. 43.50.900. Definitions.~~ ~~In AS 43.50.850 - 43.50.900, "sales~~ ~~price"~~ 19
504		-	(1) ~~means the total amount of consideration,~~ ~~including cash,~~ ~~credit,~~ 20
505		-	~~property,~~ and ~~services, for which an electronic smoking product is purchased or sold,~~ 21
506		-	~~valued~~ in ~~money~~, ~~whether received in money or otherwise, without any deduction for~~ 22
507		-	(A) the ~~seller's cost~~ of ~~the electronic smoking product sold;~~ 23
508		-	~~(B) the cost of materials used~~, ~~labor~~ or ~~service cost, interest~~, 24
509		-	~~losses~~, ~~cost of transportation,~~ ~~taxes,~~ or ~~other expenses of the seller;~~ 25
510		-	(C) ~~charges by~~ the seller ~~for services necessary to complete~~ the 26
511		-	~~sale;~~ 27
512		-	~~(D) delivery charges~~; 28
513		-	(2) ~~does not include~~ 29
514		-	~~(A) discounts, including cash or coupons that are not~~ 30
515		-	~~reimbursed by a third party, that are allowed by a seller and taken by a~~ 31 34-LS0260\I
516		-	~~CSSB~~ 24~~(L&C)~~ -16- ~~SB0024B~~
	486	+	(h) In addition to the criminal penalty under (g) of this section, the department 1
	487	+	may assess a civil penalty of not more than $5,000 for each violation of this section. 2
	488	+	(i) A person who violates the provisions of this section is jointly and severally 3
	489	+	liable for the taxes imposed by AS 43.50.850. To the fullest extent permitted by the 4
	490	+	Constitution of the United States, a person who violates the provisions of this section 5
	491	+	is required to collect the taxes and pay them to the department. 6
	492	+	Sec. 43.50.885. Restrictions on electronic smoking products. A person may 7
	493	+	sell or distribute to consumers in this state, acquire, hold, own, possess, or transport 8
	494	+	for sale or distribution in this state, or import or cause to be imported into this state for 9
	495	+	sale or distribution in this state only electronic smoking products 10
	496	+	(1) for which the component vapor product 11
	497	+	(A) has a nicotine content of not more than 50 milligrams of 12
	498	+	nicotine for each milliliter of vapor product; 13
	499	+	(B) is protected from breakage and leakage; 14
	500	+	(C) does not contain added vitamins or other additives 15
	501	+	marketed to create the impression of health benefits; in this subparagraph, 16
	502	+	"vitamins or other additives" includes caffeine, taurine, vitamin E acetate, 17
	503	+	stimulants, and colorants; 18
	504	+	(2) that are packaged to be child- and tamper-proof; and 19
	505	+	(3) that are labeled to inform consumers about all vapor product 20
	506	+	ingredients and nicotine content. 21
	507	+	Sec. 43.50.900. Definitions. In AS 43.50.850 - 43.50.900, "sales price" 22
	508	+	(1) means the total amount of consideration, including cash, credit, 23
	509	+	property, and services, for which an electronic smoking product is purchased or sold, 24
	510	+	valued in money, whether received in money or otherwise, without any deduction for 25
	511	+	(A) the seller's cost of the electronic smoking product sold; 26
	512	+	(B) the cost of materials used, labor or service cost, interest, 27
	513	+	losses, cost of transportation, taxes, or other expenses of the seller; 28
	514	+	(C) charges by the seller for services necessary to complete the 29
	515	+	sale; 30
	516	+	(D) delivery charges; 31 34-LS0260\N
	517	+	SB 24 -16- SB0024A
517	518		New Text Underlined [DELETED TEXT BRACKETED]
518	519
519		-	~~purchaser on a sale;~~ 1
520		-	(B) ~~interest~~, ~~financing, and carrying charges from credit~~ 2
521		-	~~extended on the sale of an electronic smoking product if the amount is~~ 3
522		-	~~separately stated~~ on ~~the invoice, bill of~~ sale~~, or similar document given to the~~ 4
523		-	~~purchaser;~~ and 5
524		-	~~(C) taxes legally imposed directly~~ on the ~~consumer that are~~ 6
	520	+	(2) does not include 1
	521	+	(A) discounts, including cash or coupons that are not 2
	522	+	reimbursed by a third party, that are allowed by a seller and taken by a 3
	523	+	purchaser on a sale; 4
	524	+	(B) interest, financing, and carrying charges from credit 5
	525	+	extended on the sale of an electronic smoking product if the amount is 6
525	526		separately stated on the invoice, bill of sale, or similar document given to the 7
526		-	purchaser. 8
527		-	~~Article 9.~~ ~~General Provisions.~~ 9
528		-	~~Sec. 43.50.990. Definitions.~~ ~~In this chapter~~, 10
529		-	~~(1) "closed electronic smoking product" means a single-use electronic~~ 11
530		-	~~smoking product that includes a pre-filled disposable cartridge of vapor product;~~ 12
531		-	~~(2) "electronic~~ ~~smoking product"~~ 13
532		-	(A) ~~includes~~ 14
533		-	~~(i) a~~ product that ~~can be used to deliver aerosolized or~~ 15
534		-	~~vaporized nicotine to the person inhaling;~~ 16
535		-	(ii) ~~an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen,~~ 17
536		-	or ~~other similar device of any shape;~~ 18
537		-	~~(iii) a component, part, accessory, or device related~~ to 19
538		-	an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, ~~or other similar~~ 20
539		-	device of any shape; 21
540		-	(iv) a ~~vapor product used in a~~ device ~~or product~~ 22
541		-	~~described in (i)~~ or ~~(ii) of this subparagraph;~~ 23
542		-	~~(v) an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen,~~ 24
543		-	~~or other similar~~ device ~~of any shape sold together with a solution, vapor~~ 25
544		-	~~product,~~ or ~~other similar product as a disposable nonrefillable unit;~~ 26
545		-	(B) ~~does not include a~~ 27
546		-	~~(i) battery~~, ~~battery charger, heating element, electronic~~ 28
547		-	~~coil~~, or ~~mouthpiece intended for use in an electronic smoking~~ product, 29
548		-	~~when sold separately from the electronic smoking product;~~ 30
549		-	(ii) ~~cartridge~~, ~~pod~~, ~~tank~~, ~~or similar container intended to~~ 31 34-LS0260\I
550		-	~~SB0024B~~ -17- ~~CSSB~~ 24~~(L&C)~~
	527	+	purchaser; and 8
	528	+	(C) taxes legally imposed directly on the consumer that are 9
	529	+	separately stated on the invoice, bill of sale, or similar document given to the 10
	530	+	purchaser. 11
	531	+	Article 9. General Provisions. 12
	532	+	Sec. 43.50.990. Definitions. In this chapter, 13
	533	+	(1) "closed electronic smoking product" means a single-use electronic 14
	534	+	smoking product that includes a pre-filled disposable cartridge of vapor product; 15
	535	+	(2) "electronic smoking product" 16
	536	+	(A) includes 17
	537	+	(i) a product that can be used to deliver aerosolized or 18
	538	+	vaporized nicotine to the person inhaling; 19
	539	+	(ii) an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, 20
	540	+	or other similar device of any shape; 21
	541	+	(iii) a component, part, accessory, or device related to 22
	542	+	an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or other similar 23
	543	+	device of any shape; 24
	544	+	(iv) a vapor product used in a device or product 25
	545	+	described in (i) or (ii) of this subparagraph; 26
	546	+	(v) an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, 27
	547	+	or other similar device of any shape sold together with a solution, vapor 28
	548	+	product, or other similar product as a disposable nonrefillable unit; 29
	549	+	(B) does not include a 30
	550	+	(i) battery, battery charger, heating element, electronic 31 34-LS0260\N
	551	+	SB0024A -17- SB 24
551	552		New Text Underlined [DELETED TEXT BRACKETED]
552	553
553		-	~~transport a vapor~~ product, ~~if sold empty;~~ 1
554		-	~~(3) "nicotine" has~~ the ~~meaning given in AS 11.81.900(b)~~; 2
555		-	(4) ~~"retailer" means a person in the state who is engaged in the~~ 3
556		-	~~business of selling electronic smoking products at retail~~; 4
557		-	(5) "~~vapor product~~" ~~means a substance intended to be aerosolized or~~ 5
558		-	~~vaporized during~~ the ~~use of an electronic smoking product.~~ 6
559		-	* Sec. ~~20. AS 43.70.075(f) is amended to read:~~ 7
560		-	(f) ~~A person who holds~~ a ~~license endorsement issued under this section shall~~ 8
561		-	~~post on~~ the ~~licensed premises a warning sign as described in this subsection~~. A 9
562		-	~~warning sign required by this subsection must be at least 8.5 inches by 11 inches and~~ 10
563		-	~~must read:~~ ~~"The sale of electronic smoking products or products containing nicotine~~ 11
564		-	~~without~~ a ~~prescription or tobacco products to persons under age 21 [19] is illegal~~." A 12
565		-	~~person holding an endorsement issued under this section shall display the~~ warning sign 13
566		-	~~in a manner conspicuous to a person purchasing~~ or ~~consuming tobacco products,~~ 14
567		-	~~electronic smoking products,~~ or products ~~containing nicotine on the licensed premises~~. 15
568		-	~~The department shall make available the warning signs required~~ under this section ~~to a~~ 16
569		-	~~person who holds an endorsement issued under this section or~~ a person ~~who requests~~ 17
570		-	~~the sign with~~ the ~~intention of displaying it~~. 18
571		-	* Sec. ~~21. AS 43.70.075(m) is amended~~ to ~~read:~~ 19
572		-	~~(m) The department may initiate suspension of~~ a ~~business license endorsement~~ 20
573		-	or the ~~right to obtain a business license endorsement under this section by sending the~~ 21
574		-	~~person subject~~ to ~~the suspension a notice by certified mail, return receipt requested, or~~ 22
575		-	~~by delivering~~ the ~~notice to the person.~~ ~~The notice must contain information that~~ 23
576		-	~~informs~~ the ~~person of~~ the ~~grounds for suspension, the length of any suspension sought,~~ 24
577		-	~~and~~ the ~~person's right to administrative review.~~ A ~~suspension begins 30 days after~~ 25
578		-	~~receipt of~~ notice ~~described in this subsection unless~~ the person ~~delivers a timely~~ 26
579		-	~~written request~~ for ~~a hearing to~~ the ~~department in the manner provided by regulations~~ 27
580		-	of the ~~department~~. If a ~~hearing is requested under this subsection, an administrative~~ 28
581		-	~~law judge~~ of ~~the office of administrative hearings (AS 44.64.010) shall determine~~ the 29
582		-	~~issues by using the preponderance of the evidence test and shall,~~ to the ~~extent they do~~ 30
583		-	~~not conflict with regulations adopted~~ under ~~AS 44.64.060~~, ~~conduct the hearing in the~~ 31 34-LS0260\I
584		-	~~CSSB~~ 24~~(L&C)~~ -18- ~~SB0024B~~
	554	+	coil, or mouthpiece intended for use in an electronic smoking product, 1
	555	+	when sold separately from the electronic smoking product; 2
	556	+	(ii) cartridge, pod, tank, or similar container intended to 3
	557	+	transport a vapor product, if sold empty; 4
	558	+	(3) "nicotine" has the meaning given in AS 11.81.900(b); 5
	559	+	(4) "retailer" means a person in the state who is engaged in the 6
	560	+	business of selling electronic smoking products at retail; 7
	561	+	(5) "vapor product" means a substance intended to be aerosolized or 8
	562	+	vaporized during the use of an electronic smoking product. 9
	563	+	* Sec. 20. AS 43.70.075(f) is amended to read: 10
	564	+	(f) A person who holds a license endorsement issued under this section shall 11
	565	+	post on the licensed premises a warning sign as described in this subsection. A 12
	566	+	warning sign required by this subsection must be at least 8.5 inches by 11 inches and 13
	567	+	must read: "The sale of electronic smoking products or products containing nicotine 14
	568	+	without a prescription or tobacco products to persons under age 21 [19] is illegal." A 15
	569	+	person holding an endorsement issued under this section shall display the warning sign 16
	570	+	in a manner conspicuous to a person purchasing or consuming tobacco products, 17
	571	+	electronic smoking products, or products containing nicotine on the licensed premises. 18
	572	+	The department shall make available the warning signs required under this section to a 19
	573	+	person who holds an endorsement issued under this section or a person who requests 20
	574	+	the sign with the intention of displaying it. 21
	575	+	* Sec. 21. AS 43.70.075(m) is amended to read: 22
	576	+	(m) The department may initiate suspension of a business license endorsement 23
	577	+	or the right to obtain a business license endorsement under this section by sending the 24
	578	+	person subject to the suspension a notice by certified mail, return receipt requested, or 25
	579	+	by delivering the notice to the person. The notice must contain information that 26
	580	+	informs the person of the grounds for suspension, the length of any suspension sought, 27
	581	+	and the person's right to administrative review. A suspension begins 30 days after 28
	582	+	receipt of notice described in this subsection unless the person delivers a timely 29
	583	+	written request for a hearing to the department in the manner provided by regulations 30
	584	+	of the department. If a hearing is requested under this subsection, an administrative 31 34-LS0260\N
	585	+	SB 24 -18- SB0024A
585	586		New Text Underlined [DELETED TEXT BRACKETED]
586	587
587		-	~~manner provided by regulations~~ of the ~~department~~. ~~A hearing under this subsection is~~ 1
588		-	~~limited~~ to the ~~following questions:~~ 2
589		-	~~(1) was~~ the ~~person holding~~ the ~~business license endorsement, or an~~ 3
590		-	~~agent or employee~~ of the ~~person while acting within the scope of the agency or~~ 4
591		-	~~employment of~~ the ~~person, convicted by plea or judicial finding of violating~~ 5
592		-	~~AS 11.76.100, 11.76.106, 11.76.107~~, or ~~11.76.109;~~ 6
593		-	~~(2) if~~ the ~~department does not allege a conviction~~ of ~~AS 11.76.100,~~ 7
594		-	~~11.76.106, 11.76.107, or 11.76.109, did~~ the person, ~~or an agent~~ or ~~employee~~ of ~~the~~ 8
595		-	~~person while acting within the scope of the agency~~ or ~~employment of the person,~~ 9
596		-	~~violate~~ a ~~provision~~ of ~~(a) or (g) of this section;~~ 10
597		-	~~(3) within~~ the ~~24 months before the date~~ of the ~~department's notice~~ 11
598		-	~~under this subsection,~~ ~~was~~ the person, ~~or an agent or employee of the person while~~ 12
599		-	~~acting within the scope~~ of ~~the agency~~ or ~~employment~~ of ~~the person,~~ ~~convicted of~~ 13
600		-	~~violating AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 or adjudicated for~~ 14
601		-	~~violating a provision~~ of ~~(a) or (g) of this section;~~ 15
602		-	~~(4) did~~ the person ~~holding the business license endorsement establish~~ 16
603		-	~~that the person holding the business license endorsement had adopted and enforced an~~ 17
604		-	~~education,~~ a ~~compliance, and a disciplinary program for agents and employees~~ of ~~the~~ 18
605		-	person ~~as provided in (t) of this section;~~ 19
606		-	~~(5) did~~ the person holding the business license endorsement ~~overcome~~ 20
607		-	~~the rebuttable presumption established in (w)~~ of ~~this section;~~ 21
608		-	(6) ~~within five years before the date~~ of ~~the violation that is the subject~~ 22
609		-	~~of the hearing,~~ did ~~the department establish that~~ the person holding the business 23
610		-	~~license endorsement~~ 24
611		-	(A) ~~previously violated (a) or (g)~~ of ~~this section;~~ 25
612		-	~~(B) previously violated AS 11.76.100~~, ~~11.76.106, 11.76.107, or~~ 26
613		-	~~11.76.109 at a location or outlet in a location for which the person holds a~~ 27
614		-	~~business license endorsement,~~ or ~~had an agent or employee previously violate~~ 28
615		-	AS 11.76.100, 11.76.106, 11.76.107, or ~~11.76.109; this subparagraph does not~~ 29
616		-	~~apply to~~ a ~~prior conviction that served to enhance~~ a ~~suspension period under~~ 30
617		-	~~(d)(2) - (4) of this section;~~ or 31 34-LS0260\I
618		-	~~SB0024B~~ -19- ~~CSSB~~ 24~~(L&C)~~
	588	+	law judge of the office of administrative hearings (AS 44.64.010) shall determine the 1
	589	+	issues by using the preponderance of the evidence test and shall, to the extent they do 2
	590	+	not conflict with regulations adopted under AS 44.64.060, conduct the hearing in the 3
	591	+	manner provided by regulations of the department. A hearing under this subsection is 4
	592	+	limited to the following questions: 5
	593	+	(1) was the person holding the business license endorsement, or an 6
	594	+	agent or employee of the person while acting within the scope of the agency or 7
	595	+	employment of the person, convicted by plea or judicial finding of violating 8
	596	+	AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109; 9
	597	+	(2) if the department does not allege a conviction of AS 11.76.100, 10
	598	+	11.76.106, 11.76.107, or 11.76.109, did the person, or an agent or employee of the 11
	599	+	person while acting within the scope of the agency or employment of the person, 12
	600	+	violate a provision of (a) or (g) of this section; 13
	601	+	(3) within the 24 months before the date of the department's notice 14
	602	+	under this subsection, was the person, or an agent or employee of the person while 15
	603	+	acting within the scope of the agency or employment of the person, convicted of 16
	604	+	violating AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 or adjudicated for 17
	605	+	violating a provision of (a) or (g) of this section; 18
	606	+	(4) did the person holding the business license endorsement establish 19
	607	+	that the person holding the business license endorsement had adopted and enforced an 20
	608	+	education, a compliance, and a disciplinary program for agents and employees of the 21
	609	+	person as provided in (t) of this section; 22
	610	+	(5) did the person holding the business license endorsement overcome 23
	611	+	the rebuttable presumption established in (w) of this section; 24
	612	+	(6) within five years before the date of the violation that is the subject 25
	613	+	of the hearing, did the department establish that the person holding the business 26
	614	+	license endorsement 27
	615	+	(A) previously violated (a) or (g) of this section; 28
	616	+	(B) previously violated AS 11.76.100, 11.76.106, 11.76.107, or 29
	617	+	11.76.109 at a location or outlet in a location for which the person holds a 30
	618	+	business license endorsement, or had an agent or employee previously violate 31 34-LS0260\N
	619	+	SB0024A -19- SB 24
619	620		New Text Underlined [DELETED TEXT BRACKETED]
620	621
621		-	~~(C) engaged at a location owned by the person in other conduct~~ 1
622		-	~~that was or is likely~~ to ~~result in the sale of tobacco,~~ ~~electronic smoking~~ 2
623		-	~~products,~~ or ~~products containing nicotine to a person under 21 [19] years of~~ 3
624		-	~~age~~ in ~~violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109.~~ 4
625		-	* Sec. 22. AS 43.70.075(t) is ~~amended~~ to ~~read:~~ 5
626		-	~~(t) Based on evidence provided at the hearing~~ under ~~(m)(4) - (6)~~ of ~~this~~ 6
627		-	~~section, the department may reduce the license suspension period under (d)~~ of ~~this~~ 7
628		-	~~section if the person holding the business license endorsement establishes that,~~ ~~before~~ 8
629		-	the ~~date~~ of ~~the violation, the person had~~ 9
630		-	(1) ~~adopted and enforced a written policy against selling cigarettes,~~ 10
631		-	~~cigars~~, ~~tobacco, products containing tobacco, electronic smoking products, or products~~ 11
632		-	~~containing nicotine to a~~ person ~~under 21 [19] years of age in violation of~~ 12
633		-	~~AS 11.76.100~~, ~~11.76.106, 11.76.107, or 11.76.109;~~ 13
634		-	~~(2) informed the person's agents and employees of the applicable laws~~ 14
635		-	~~and their requirements and conducted training on complying with the laws and~~ 15
636		-	~~requirements~~; 16
637		-	(3) ~~required each agent~~ and ~~employee~~ of the ~~person to sign a form~~ 17
638		-	~~stating that~~ the ~~agent~~ and ~~employee has been informed of and understands the written~~ 18
639		-	~~policy and the~~ requirements ~~of AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109~~; 19
640		-	(4) ~~determined that the agents~~ and ~~employees~~ of the person ~~had~~ 20
641		-	~~sufficient experience~~ and ~~ability to comply with~~ the written ~~policy and requirements of~~ 21
642		-	AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109; 22
643		-	(5) ~~required~~ the agents and employees of the person ~~to verify the age~~ 23
644		-	~~of purchasers~~ of ~~cigarettes, cigars, tobacco, other products containing tobacco,~~ 24
645		-	~~electronic smoking products~~, ~~or products containing nicotine by means of a valid~~ 25
646		-	~~government issued photographic identification;~~ 26
647		-	~~(6) established and enforced disciplinary sanctions for noncompliance~~ 27
648		-	~~with the written policy~~ or ~~the requirements~~ of ~~AS 11.76.100, 11.76.106, 11.76.107,~~ 28
649		-	~~and 11.76.109~~; ~~and~~ 29
650		-	(7) ~~monitored the compliance of the agents~~ and ~~employees of the~~ 30
651		-	~~person~~ with the written policy ~~and~~ the requirements of AS 11.76.100, 11.76.106, 31 34-LS0260\I
652		-	~~CSSB~~ 24~~(L&C)~~ -20- ~~SB0024B~~
	622	+	AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109; this subparagraph does not 1
	623	+	apply to a prior conviction that served to enhance a suspension period under 2
	624	+	(d)(2) - (4) of this section; or 3
	625	+	(C) engaged at a location owned by the person in other conduct 4
	626	+	that was or is likely to result in the sale of tobacco, electronic smoking 5
	627	+	products, or products containing nicotine to a person under 21 [19] years of 6
	628	+	age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109. 7
	629	+	* Sec. 22. AS 43.70.075(t) is amended to read: 8
	630	+	(t) Based on evidence provided at the hearing under (m)(4) - (6) of this 9
	631	+	section, the department may reduce the license suspension period under (d) of this 10
	632	+	section if the person holding the business license endorsement establishes that, before 11
	633	+	the date of the violation, the person had 12
	634	+	(1) adopted and enforced a written policy against selling cigarettes, 13
	635	+	cigars, tobacco, products containing tobacco, electronic smoking products, or products 14
	636	+	containing nicotine to a person under 21 [19] years of age in violation of 15
	637	+	AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109; 16
	638	+	(2) informed the person's agents and employees of the applicable laws 17
	639	+	and their requirements and conducted training on complying with the laws and 18
	640	+	requirements; 19
	641	+	(3) required each agent and employee of the person to sign a form 20
	642	+	stating that the agent and employee has been informed of and understands the written 21
	643	+	policy and the requirements of AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109; 22
	644	+	(4) determined that the agents and employees of the person had 23
	645	+	sufficient experience and ability to comply with the written policy and requirements of 24
	646	+	AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109; 25
	647	+	(5) required the agents and employees of the person to verify the age 26
	648	+	of purchasers of cigarettes, cigars, tobacco, other products containing tobacco, 27
	649	+	electronic smoking products, or products containing nicotine by means of a valid 28
	650	+	government issued photographic identification; 29
	651	+	(6) established and enforced disciplinary sanctions for noncompliance 30
	652	+	with the written policy or the requirements of AS 11.76.100, 11.76.106, 11.76.107, 31 34-LS0260\N
	653	+	SB 24 -20- SB0024A
653	654		New Text Underlined [DELETED TEXT BRACKETED]
654	655
655		-	~~11.76.107,~~ and 11.76.109. 1
656		-	* Sec. 23. AS 43.70.075(w) ~~is amended to read:~~ 2
657		-	~~(w) For purposes~~ of ~~(m)(5) of this section~~, ~~a conviction for a violation of~~ 3
658		-	~~AS 11.76.100, 11.76.106,~~ 11.76.107, or 11.76.109 ~~by the agent or employee of the~~ 4
659		-	~~person who holds the business license endorsement~~ is ~~rebuttably presumed~~ to 5
660		-	~~constitute proof~~ of ~~the fact that the agent or employee negligently sold a cigarette~~, a 6
661		-	~~cigar~~, or ~~tobacco, a product containing tobacco, an electronic smoking product,~~ or a 7
662		-	~~product containing nicotine to a person under 21 [19] years of age. The~~ person who 8
663		-	~~holds~~ the ~~business license endorsement may overcome~~ the ~~presumption by~~ 9
664		-	~~establishing by clear and convincing evidence that the agent~~ or ~~employee did not~~ 10
665		-	~~negligently sell a cigarette, a cigar, or tobacco, a~~ product containing ~~tobacco, an~~ 11
666		-	~~electronic smoking product,~~ ~~or a product containing nicotine to a person under 21 [19]~~ 12
667		-	~~years of age in violation of AS 11.76.100, 11.76.106, 11.76.107,~~ or ~~11.76.109 as~~ 13
668		-	~~alleged in the citation issued to the agent~~ or ~~employee. The presentation of evidence~~ 14
669		-	~~authorized by this subsection does not constitute~~ a ~~collateral attack on the conviction~~ 15
670		-	~~described~~ in ~~this subsection~~. 16
671		-	* Sec. 24. AS 45.50.471(b) is amended by adding a new paragraph to ~~read:~~ 17
672		-	~~(58) marketing an electronic smoking product in~~ a ~~manner likely to~~ 18
673		-	~~promote use of electronic smoking products by a person under 21 years of age;~~ in this 19
674		-	paragraph~~, "electronic~~ ~~smoking product"~~ 20
675		-	(A) ~~includes~~ 21
676		-	~~(i)~~ a ~~product that can be used to deliver aerosolized or~~ 22
677		-	~~vaporized nicotine to the person inhaling;~~ 23
678		-	(ii) ~~an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen,~~ 24
679		-	or ~~other similar device of any shape;~~ 25
680		-	~~(iii) a component, part, accessory, or device related~~ to 26
681		-	an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, ~~or other similar~~ 27
682		-	device of any shape; 28
683		-	(iv) a ~~vapor product used in a~~ device ~~or product~~ 29
684		-	~~described in (i)~~ or ~~(ii) of this subparagraph;~~ 30
685		-	~~(v) an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen,~~ 31 34-LS0260\I
686		-	~~SB0024B~~ -21- ~~CSSB~~ 24~~(L&C)~~
	656	+	and 11.76.109; and 1
	657	+	(7) monitored the compliance of the agents and employees of the 2
	658	+	person with the written policy and the requirements of AS 11.76.100, 11.76.106, 3
	659	+	11.76.107, and 11.76.109. 4
	660	+	* Sec. 23. AS 43.70.075(w) is amended to read: 5
	661	+	(w) For purposes of (m)(5) of this section, a conviction for a violation of 6
	662	+	AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 by the agent or employee of the 7
	663	+	person who holds the business license endorsement is rebuttably presumed to 8
	664	+	constitute proof of the fact that the agent or employee negligently sold a cigarette, a 9
	665	+	cigar, or tobacco, a product containing tobacco, an electronic smoking product, or a 10
	666	+	product containing nicotine to a person under 21 [19] years of age. The person who 11
	667	+	holds the business license endorsement may overcome the presumption by 12
	668	+	establishing by clear and convincing evidence that the agent or employee did not 13
	669	+	negligently sell a cigarette, a cigar, or tobacco, a product containing tobacco, an 14
	670	+	electronic smoking product, or a product containing nicotine to a person under 21 [19] 15
	671	+	years of age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 as 16
	672	+	alleged in the citation issued to the agent or employee. The presentation of evidence 17
	673	+	authorized by this subsection does not constitute a collateral attack on the conviction 18
	674	+	described in this subsection. 19
	675	+	* Sec. 24. AS 45.50.471(b) is amended by adding a new paragraph to read: 20
	676	+	(58) marketing an electronic smoking product in a manner likely to 21
	677	+	promote use of electronic smoking products by a person under 21 years of age; in this 22
	678	+	paragraph, "electronic smoking product" 23
	679	+	(A) includes 24
	680	+	(i) a product that can be used to deliver aerosolized or 25
	681	+	vaporized nicotine to the person inhaling; 26
	682	+	(ii) an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, 27
	683	+	or other similar device of any shape; 28
	684	+	(iii) a component, part, accessory, or device related to 29
	685	+	an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or other similar 30
	686	+	device of any shape; 31 34-LS0260\N
	687	+	SB0024A -21- SB 24
687	688		New Text Underlined [DELETED TEXT BRACKETED]
688	689
689		-	~~or other similar~~ device ~~of any shape sold together with a solution, vapor~~ 1
690		-	~~product,~~ or ~~other similar product as a disposable nonrefillable unit;~~ 2
691		-	(B) ~~does not include a~~ 3
692		-	~~(i) battery~~, ~~battery charger, heating element, electronic~~ 4
693		-	~~coil~~, or ~~mouthpiece intended for use in an electronic smoking~~ product, 5
694		-	~~when sold separately from the electronic smoking product;~~ 6
695		-	(ii) ~~cartridge~~, ~~pod~~, ~~tank~~, ~~or similar container intended to~~ 7
696		-	~~transport a vapor~~ product, ~~if sold empty.~~ 8
697		-	* Sec. ~~25. AS 45.50.471(b)(58), enacted by sec. 24 of this Act, is amended to read:~~ 9
698		-	(58) ~~marketing an electronic smoking product in a manner likely~~ to 10
699		-	~~promote use of electronic smoking products by~~ a ~~person under 21 years of age; in this~~ 11
700		-	~~paragraph, "electronic~~ ~~smoking product"~~ ~~has the meaning given in~~ AS 43.50.~~990~~ 12
701		-	[(A) ~~INCLUDES~~ 13
702		-	~~(i)~~ A ~~PRODUCT THAT CAN BE USED TO~~ 14
703		-	~~DELIVER AEROSOLIZED OR VAPORIZED NICOTINE TO~~ THE 15
704		-	~~PERSON INHALING;~~ 16
705		-	(ii) ~~AN e-CIGARETTE, e-CIGAR, e-PIPE, e-~~17
706		-	~~HOOKAH, VAPE PEN,~~ OR ~~OTHER SIMILAR DEVICE OF ANY~~ 18
707		-	~~SHAPE~~; 19
708		-	(~~iii~~) ~~A COMPONENT~~, ~~PART~~, ~~ACCESSORY~~, OR 20
709		-	DEVICE ~~RELATED TO AN e-CIGARETTE, e-CIGAR, e-PIPE, e-~~21
710		-	~~HOOKAH, VAPE PEN, OR OTHER SIMILAR DEVICE OF ANY~~ 22
711		-	~~SHAPE;~~ 23
712		-	~~(iv) A VAPOR PRODUCT USED IN A~~ DEVICE OR 24
713		-	~~PRODUCT DESCRIBED IN (i)~~ OR ~~(ii)~~ OF ~~THIS SUBPARAGRAPH;~~ 25
714		-	~~(v) AN e-CIGARETTE, e-CIGAR, e-PIPE, e-~~26
715		-	~~HOOKAH, VAPE PEN,~~ OR ~~OTHER SIMILAR DEVICE OF ANY~~ 27
716		-	~~SHAPE SOLD TOGETHER WITH A SOLUTION,~~ ~~VAPOR~~ 28
717		-	~~PRODUCT~~, ~~OR OTHER SIMILAR PRODUCT AS A DISPOSABLE~~ 29
718		-	~~NONREFILLABLE UNIT;~~ 30
719		-	~~(B) DOES NOT INCLUDE~~ A 31 34-LS0260\I
720		-	~~CSSB~~ 24~~(L&C)~~ -22- ~~SB0024B~~
	690	+	(iv) a vapor product used in a device or product 1
	691	+	described in (i) or (ii) of this subparagraph; 2
	692	+	(v) an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, 3
	693	+	or other similar device of any shape sold together with a solution, vapor 4
	694	+	product, or other similar product as a disposable nonrefillable unit; 5
	695	+	(B) does not include a 6
	696	+	(i) battery, battery charger, heating element, electronic 7
	697	+	coil, or mouthpiece intended for use in an electronic smoking product, 8
	698	+	when sold separately from the electronic smoking product; 9
	699	+	(ii) cartridge, pod, tank, or similar container intended to 10
	700	+	transport a vapor product, if sold empty. 11
	701	+	* Sec. 25. AS 45.50.471(b)(58), enacted by sec. 24 of this Act, is amended to read: 12
	702	+	(58) marketing an electronic smoking product in a manner likely to 13
	703	+	promote use of electronic smoking products by a person under 21 years of age; in this 14
	704	+	paragraph, "electronic smoking product" has the meaning given in AS 43.50.990 15
	705	+	[(A) INCLUDES 16
	706	+	(i) A PRODUCT THAT CAN BE USED TO 17
	707	+	DELIVER AEROSOLIZED OR VAPORIZED NICOTINE TO THE 18
	708	+	PERSON INHALING; 19
	709	+	(ii) AN e-CIGARETTE, e-CIGAR, e-PIPE, e-20
	710	+	HOOKAH, VAPE PEN, OR OTHER SIMILAR DEVICE OF ANY 21
	711	+	SHAPE; 22
	712	+	(iii) A COMPONENT, PART, ACCESSORY, OR 23
	713	+	DEVICE RELATED TO AN e-CIGARETTE, e-CIGAR, e-PIPE, e-24
	714	+	HOOKAH, VAPE PEN, OR OTHER SIMILAR DEVICE OF ANY 25
	715	+	SHAPE; 26
	716	+	(iv) A VAPOR PRODUCT USED IN A DEVICE OR 27
	717	+	PRODUCT DESCRIBED IN (i) OR (ii) OF THIS SUBPARAGRAPH; 28
	718	+	(v) AN e-CIGARETTE, e-CIGAR, e-PIPE, e-29
	719	+	HOOKAH, VAPE PEN, OR OTHER SIMILAR DEVICE OF ANY 30
	720	+	SHAPE SOLD TOGETHER WITH A SOLUTION, VAPOR 31 34-LS0260\N
	721	+	SB 24 -22- SB0024A
721	722		New Text Underlined [DELETED TEXT BRACKETED]
722	723
723		-	~~(i) BATTERY~~, ~~BATTERY CHARGER,~~ ~~HEATING~~ 1
724		-	~~ELEMENT, ELECTRONIC COIL, OR MOUTHPIECE INTENDED~~ 2
725		-	~~FOR USE IN AN ELECTRONIC SMOKING PRODUCT, WHEN~~ 3
726		-	~~SOLD SEPARATELY FROM THE ELECTRONIC SMOKING~~ 4
727		-	~~PRODUCT;~~ 5
728		-	~~(ii) CARTRIDGE~~, ~~POD, TANK, OR SIMILAR~~ 6
729		-	~~CONTAINER INTENDED TO TRANSPORT A VAPOR PRODUCT,~~ 7
730		-	~~IF SOLD EMPTY].~~ 8
731		-	* Sec. 26. AS 47.12.030(b) ~~is amended to read:~~ 9
732		-	~~(b) When~~ a ~~minor is accused of violating a statute specified in this subsection~~, 10
733		-	~~other than a statute the violation of which is a felony, this chapter and the Alaska~~ 11
734		-	~~Delinquency Rules do not apply and the minor accused of the offense shall be~~ 12
735		-	~~charged, prosecuted,~~ ~~and sentenced~~ in ~~the district court in the same manner as an~~ 13
736		-	~~adult; if~~ a ~~minor~~ is ~~charged~~, ~~prosecuted,~~ and ~~sentenced for an offense under this~~ 14
737		-	~~subsection,~~ the minor~~'s parent,~~ ~~guardian, or legal custodian~~ shall be ~~present at all~~ 15
738		-	~~proceedings;~~ the ~~provisions of this subsection apply when a minor is accused of~~ 16
739		-	~~violating~~ 17
740		-	~~(1) a traffic statute or regulation~~, or ~~a traffic ordinance or regulation of~~ 18
741		-	a ~~municipality;~~ 19
742		-	~~(2) AS 11.76.105, relating to the possession of tobacco by a person~~ 20
743		-	~~under~~ 21 ~~[19] years of age; 21~~
744		-	~~(3)~~ a ~~fish and game statute or regulation under AS 16~~; 22
745		-	(4) a ~~parks and recreational facilities statute or regulation under~~ 23
746		-	~~AS 41.~~21; 24
747		-	(5) ~~[REPEALED~~ 25
748		-	(6)] a ~~municipal curfew ordinance,~~ ~~whether adopted~~ under 26
749		-	AS 29.~~35.085 or otherwise, unless the municipality provides for enforcement of its~~ 27
750		-	~~ordinance under AS 29.25.070~~(b) ~~by the municipality; in place of any fine imposed for~~ 28
751		-	~~the violation of~~ a municipal curfew ordinance, ~~the court shall allow a defendant the~~ 29
752		-	~~option~~ of ~~performing community work; the value of the community work, which may~~ 30
753		-	~~not be lower than the amount of the fine, shall be determined~~ under AS 12.55.~~055~~(c); 31 34-LS0260\I
754		-	~~SB0024B~~ -23- ~~CSSB~~ 24~~(L&C)~~
	724	+	PRODUCT, OR OTHER SIMILAR PRODUCT AS A DISPOSABLE 1
	725	+	NONREFILLABLE UNIT; 2
	726	+	(B) DOES NOT INCLUDE A 3
	727	+	(i) BATTERY, BATTERY CHARGER, HEATING 4
	728	+	ELEMENT, ELECTRONIC COIL, OR MOUTHPIECE INTENDED 5
	729	+	FOR USE IN AN ELECTRONIC SMOKING PRODUCT, WHEN 6
	730	+	SOLD SEPARATELY FROM THE ELECTRONIC SMOKING 7
	731	+	PRODUCT; 8
	732	+	(ii) CARTRIDGE, POD, TANK, OR SIMILAR 9
	733	+	CONTAINER INTENDED TO TRANSPORT A VAPOR PRODUCT, 10
	734	+	IF SOLD EMPTY]. 11
	735	+	* Sec. 26. AS 47.12.030(b) is amended to read: 12
	736	+	(b) When a minor is accused of violating a statute specified in this subsection, 13
	737	+	other than a statute the violation of which is a felony, this chapter and the Alaska 14
	738	+	Delinquency Rules do not apply and the minor accused of the offense shall be 15
	739	+	charged, prosecuted, and sentenced in the district court in the same manner as an 16
	740	+	adult; if a minor is charged, prosecuted, and sentenced for an offense under this 17
	741	+	subsection, the minor's parent, guardian, or legal custodian shall be present at all 18
	742	+	proceedings; the provisions of this subsection apply when a minor is accused of 19
	743	+	violating 20
	744	+	(1) a traffic statute or regulation, or a traffic ordinance or regulation of 21
	745	+	a municipality; 22
	746	+	(2) AS 11.76.105, relating to the possession of tobacco by a person 23
	747	+	under 21 [19] years of age; 24
	748	+	(3) a fish and game statute or regulation under AS 16; 25
	749	+	(4) a parks and recreational facilities statute or regulation under 26
	750	+	AS 41.21; 27
	751	+	(5) [REPEALED 28
	752	+	(6)] a municipal curfew ordinance, whether adopted under 29
	753	+	AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 30
	754	+	ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for 31 34-LS0260\N
	755	+	SB0024A -23- SB 24
755	756		New Text Underlined [DELETED TEXT BRACKETED]
756	757
757		-	in this paragraph, "community work" includes the work described in AS 12.55.055(b) 1
758		-	or work that, on the recommendation of the municipal or borough assembly, city 2
759		-	council, or traditional village council of the defendant's place of residence, would 3
760		-	benefit persons within the municipality or village who are elderly or disabled; 4
761		-	(6) [(7)] AS 04.16.050, relating to consumption, possession, or control 5
762		-	of alcohol by a person under 21 years of age. 6
763		-	* Sec. 27. AS 11.76.100(e) is repealed. 7
764		-	* Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 8
765		-	read: 9
766		-	APPLICABILITY. The following sections apply to offenses committed on or after the 10
767		-	effective date of those sections: 11
768		-	(1) AS 11.76.100(a), as amended by sec. 1 of this Act; 12
769		-	(2) AS 11.76.100(b), as amended by sec. 2 of this Act; 13
770		-	(3) AS 11.76.105, as amended by sec. 3 of this Act; 14
771		-	(4) AS 11.76.105(d) - (f), enacted by sec. 4 of this Act; 15
772		-	(5) AS 11.76.106(b), as amended by sec. 5 of this Act; 16
773		-	(6) AS 11.76.109(a), as amended by sec. 6 of this Act; 17
774		-	(7) AS 11.76.109(b), as amended by sec. 7 of this Act; 18
775		-	(8) AS 11.76.109(d), as amended by sec. 8 of this Act; 19
776		-	(9) AS 11.76.109(g), as amended by sec. 9 of this Act; 20
777		-	(10) AS 11.81.900(b)(71), enacted by sec. 10 of this Act; 21
778		-	(11) AS 43.50.325, enacted by sec. 18 of this Act; 22
779		-	(12) AS 43.50.880, enacted by sec. 19 of this Act; and 23
780		-	(13) AS 47.12.030(b), as amended by sec. 26 of this Act. 24
781		-	* Sec. 29. Sections 13, 16, 19, and 25 of this Act take effect January 1, 2027. 25
782		-	* Sec. 30. Except as provided in sec. 29 of this Act, this Act takes effect January 1, 2026. 26
	758	+	the violation of a municipal curfew ordinance, the court shall allow a defendant the 1
	759	+	option of performing community work; the value of the community work, which may 2
	760	+	not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 3
	761	+	in this paragraph, "community work" includes the work described in AS 12.55.055(b) 4
	762	+	or work that, on the recommendation of the municipal or borough assembly, city 5
	763	+	council, or traditional village council of the defendant's place of residence, would 6
	764	+	benefit persons within the municipality or village who are elderly or disabled; 7
	765	+	(6) [(7)] AS 04.16.050, relating to consumption, possession, or control 8
	766	+	of alcohol by a person under 21 years of age. 9
	767	+	* Sec. 27. AS 11.76.100(e) is repealed. 10
	768	+	* Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 11
	769	+	read: 12
	770	+	APPLICABILITY. The following sections apply to offenses committed on or after the 13
	771	+	effective date of those sections: 14
	772	+	(1) AS 11.76.100(a), as amended by sec. 1 of this Act; 15
	773	+	(2) AS 11.76.100(b), as amended by sec. 2 of this Act; 16
	774	+	(3) AS 11.76.105, as amended by sec. 3 of this Act; 17
	775	+	(4) AS 11.76.105(d) - (f), enacted by sec. 4 of this Act; 18
	776	+	(5) AS 11.76.106(b), as amended by sec. 5 of this Act; 19
	777	+	(6) AS 11.76.109(a), as amended by sec. 6 of this Act; 20
	778	+	(7) AS 11.76.109(b), as amended by sec. 7 of this Act; 21
	779	+	(8) AS 11.76.109(d), as amended by sec. 8 of this Act; 22
	780	+	(9) AS 11.76.109(g), as amended by sec. 9 of this Act; 23
	781	+	(10) AS 11.81.900(b)(71), enacted by sec. 10 of this Act; 24
	782	+	(11) AS 43.50.325, enacted by sec. 18 of this Act; 25
	783	+	(12) AS 43.50.880, enacted by sec. 19 of this Act; and 26
	784	+	(13) AS 47.12.030(b), as amended by sec. 26 of this Act. 27
	785	+	* Sec. 29. Sections 13, 16, 19, and 25 of this Act take effect January 1, 2027. 28
	786	+	* Sec. 30. Except as provided in sec. 29 of this Act, this Act takes effect January 1, 2026. 29