SB 156: "An Act relating to the posting and giving of certain warnings about drinking alcohol during pregnancy when selling or dispensing pregnancy testing kits, birth control devices, or birth control prescriptions."
00 SENATE BILL NO. 156 01 "An Act relating to the posting and giving of certain warnings about drinking alcohol 02 during pregnancy when selling or dispensing pregnancy testing kits, birth control 03 devices, or birth control prescriptions." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.23 is amended by adding new sections to read: 06 Article 4. Required Warnings About Alcohol During Pregnancy. 07 Sec. 18.23.200. Posted warning. A covered person who sells or gives 08 pregnancy-related items to individuals at a facility in this state shall post a sign 09 meeting the requirements of AS 18.23.220 at a conspicuous place on the premises of 10 the facility. The warning sign must be at least 11 inches by 14 inches. 11 Sec. 18.23.210. Warning statement. A person who sells or gives to an 12 individual a pregnancy-related item at a facility of a covered person who sells or gives 13 pregnancy-related items to individuals in this state shall provide the individual with a 14 written statement containing the warning meeting the requirements of AS 18.23.220.
01 Sec. 18.23.220. Text and form of warning. (a) The warnings required by 02 AS 18.23.200 - 18.23.210 must contain the following statement: 03 WARNING!! DRINKING ANY AMOUNT OF ALCOHOL WHILE 04 YOU ARE PREGNANT CAN CAUSE PERMANENT BRAIN 05 DAMAGE AND BIRTH DEFECTS FOR YOUR UNBORN CHILD. 06 (b) The lettering on the warning under (a) of this section must be at least one- 07 half inch high, in boldface type, and in a contrasting color to the background. 08 Sec. 18.23.230. Penalty. (a) A covered person who sells or gives pregnancy- 09 related items to individuals at a facility in this state is guilty of a class B misdemeanor 10 if the covered person knowingly fails to 11 (1) post the warning required by AS 18.23.200; or 12 (2) instruct the employees of the covered person to give the warning 13 statement required by AS 18.23.210 to an individual who buys or receives a 14 pregnancy-related item at the facility. 15 (b) In this section, 16 (1) "covered person" does not include an agency of the state or an 17 agency of a municipality; 18 (2) "knowingly" has the meaning given in AS 11.81.900. 19 Sec. 18.23.290. Definitions. In AS 18.23.200 - 18.23.290, 20 (1) "covered person" means 21 (A) an agency of the state; 22 (B) an agency of a municipality; 23 (C) an owner or operator of a business or nonprofit 24 organization; for purposes of this subparagraph, "owner" does not include a 25 person who 26 (i) owns stock in a for-profit corporation, unless the 27 person manages or operates the corporation; 28 (ii) is a member of a limited liability company, unless 29 the members manage the company or the person manages the company; 30 or 31 (iii) is a limited partner of a limited partnership;
01 (2) "pregnancy-related item" means a pregnancy testing kit, birth 02 control device, or birth control prescription. 03 * Sec. 2. AS 29.10.200 is amended by adding a new paragraph to read: 04 (64) AS 29.71.070 (required warnings about drinking alcohol while 05 pregnant). 06 * Sec. 3. AS 29.71 is amended by adding a new section to read: 07 Sec. 29.71.070. Required warnings. An agency of a municipality shall 08 comply with AS 18.23.200 - 18.23.290 to the extent AS 18.23.200 - 18.23.290 apply 09 to the municipality. 10 * Sec. 4. AS 45.45 is amended by adding a new section to read: 11 Sec. 45.45.920. Required warnings. The owner or operator of a business that 12 sells pregnancy testing kits, birth control devices, or birth control prescriptions in this 13 state shall comply with AS 18.23.200 - 18.23.290 to the extent AS 18.23.200 - 18.23. 14 290 apply to the owner or operator.