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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 15                                                                                                          
01 Relating to possession of an electronic smoking product or a product containing nicotine by a                           
02 minor and to selling or giving a product containing nicotine or an electronic smoking product                           
03 to a minor; relating to business license endorsements to sell cigarettes, cigars, tobacco,                              
04 products containing tobacco, electronic smoking products, or products containing nicotine;                              
05 relating to citations for certain offenses concerning tobacco, products containing nicotine, or                         
06 electronic smoking products; and providing for an effective date.                                                       
07                           _______________                                                                               
08    * Section 1. AS 11.76.105 is amended to read:                                                                        
09            Sec. 11.76.105. Possession of tobacco, electronic smoking products, or                                     
10 products containing nicotine by a minor. (a) A person under 19 years of age may                                       
11 not knowingly possess a cigarette, a cigar, tobacco, [OR] a product containing                                          
12 tobacco, an electronic smoking product, or a product containing nicotine in this                                      
01       state. This subsection does not apply to a person who is a prisoner at an adult                                   
02       correctional facility.                                                                                            
03            (b)  Possession of tobacco, an electronic smoking product, or a product                                    
04       containing nicotine by a minor is a violation.                                                                  
05    * Sec. 2. AS 11.76.105 is amended by adding a new subsection to read:                                                
06 (c)  In a prosecution under (a) of this section for possession of an electronic                                         
07 smoking product or a product containing nicotine, it is an affirmative defense that the                                 
08 electronic smoking product or product containing nicotine possessed by the person                                       
09 under 19 years of age was intended or expected to be consumed without being                                             
10       combusted, and the electronic smoking product or product containing nicotine                                      
11 (1)  has been approved by the United States Food and Drug                                                               
12 Administration for sale as a tobacco use cessation or harm reduction product or for                                     
13       other medical purposes;                                                                                           
14                 (2)  was being marketed and sold for the approved purposes; and                                         
15                 (3)  was                                                                                                
16                      (A)  prescribed by a health care professional;                                                     
17                      (B)  given to the person by the person's parent or guardian;                                       
18 (C)  provided by a state-approved tobacco cessation program                                                             
19            administered by the Department of Health and Social Services; or                                             
20 (D)  provided by a pharmacist to a person 18 years of age or                                                            
21            older without a prescription.                                                                                
22    * Sec. 3. AS 11.76.106(a) is amended to read:                                                                        
23 (a)  Except as provided under (b) of this section, a person may not sell                                                
24 cigarettes, cigars, tobacco, products [OR A PRODUCT] containing tobacco,                                            
25 electronic smoking products, or products containing nicotine unless the sale                                          
26 occurs in a manner that allows only the sales clerk to control access to the cigarettes,                                
27 cigars, tobacco, products [OR PRODUCT] containing tobacco, electronic smoking                                       
28       products, or products containing nicotine.                                                                      
29    * Sec. 4. AS 11.76.106(b) is amended to read:                                                                        
30            (b)  Subsection (a) does not apply if the sale                                                               
31 (1)  is by vending machine as provided under AS 11.76.100(b) or                                                       
01       11.76.109(f);                                                                                                   
02                 (2)  is a wholesale transaction, the person is licensed as a manufacturer                               
03       or distributor under AS 43.50.010, and the sale occurs on premises where no retail                                
04       transactions occur; [OR]                                                                                          
05 (3)  is by a retailer who sells primarily cigarettes, cigars, tobacco,                                                  
06 products [OR A PRODUCT] containing tobacco, electronic smoking products, or                                         
07 products containing nicotine and who restricts access to the premises to only those                                   
08       individuals who are 19 years of age or older; or                                                                
09                 (4)  is of electronic smoking products over the Internet to a person                                  
10       19 years of age or older.                                                                                       
11    * Sec. 5. AS 11.76.107(a) is amended to read:                                                                        
12 (a)  A person commits the offense of failure to supervise a [CIGARETTE]                                                 
13 vending machine if the person owns premises licensed as a beverage dispensary under                                     
14 AS 04.11.090, [OR] licensed as a club under AS 04.11.110, or licensed as a package                                  
15 store under AS 04.11.150 and with criminal negligence fails to have an employee                                         
16 supervise a vending machine on those premises that dispenses cigarettes, cigars,                                        
17 tobacco, [OR] products containing tobacco, electronic smoking products, or                                            
18 products containing nicotine as required by AS 11.76.100(b)(1)(B) and                                               
19       11.76.109(f)(1)(B).                                                                                             
20    * Sec. 6. AS 11.76.109(a) is amended to read:                                                                        
21 (a)  A person commits the offense of selling or giving an electronic smoking                                          
22       product or a product containing nicotine to a minor if the person                                               
23 (1)  negligently sells an electronic smoking product or a product                                                     
24       containing nicotine to a person under 19 years of age; [OR]                                                       
25 (2)  is 19 years of age or older and negligently exchanges or gives an                                                
26 electronic smoking product or a product containing nicotine to a person under 19                                      
27       years of age;                                                                                                   
28 (3)  maintains a vending machine that dispenses electronic smoking                                                    
29       products or products containing nicotine; or                                                                    
30 (4)  holds a business license endorsement under AS 43.70.075 and                                                      
31 allows a person under 19 years of age to sell an electronic smoking product or a                                      
01       product containing nicotine.                                                                                    
02    * Sec. 7. AS 11.76.109(b) is amended to read:                                                                        
03 (b)  The provisions of (a) of this section do not apply to the sale, exchange, or                                       
04 gift to a person under 19 years of age of an electronic smoking product or a product                                  
05 containing nicotine that is intended or expected to be consumed without being                                           
06       combusted if the electronic smoking product or product containing nicotine                                    
07                 (1)  has been approved by the United States Food and Drug                                               
08       Administration for sale as a tobacco use cessation or harm reduction product or for                               
09       other medical purposes;                                                                                           
10                 (2)  is being marketed and sold solely for the approved purposes; and                                   
11                 (3)  is                                                                                                 
12                      (A)  prescribed by a health care professional;                                                     
13                      (B)  given to a person by the person's parent or legal guardian;                                   
14 (C)  provided by a state-approved tobacco cessation program                                                             
15            administered by the Department of Health and Social Services; or                                             
16 (D)  provided by a pharmacist to a person 18 years of age or                                                            
17            older without a prescription.                                                                                
18    * Sec. 8. AS 11.76.109(e) is amended to read:                                                                        
19 (e)  Selling or giving an electronic smoking product or a product containing                                          
20 nicotine to a minor is a violation and, upon conviction, is punishable by a fine of not                                 
21       less than $300.                                                                                                   
22    * Sec. 9. AS 11.76.109 is amended by adding new subsections to read:                                                 
23 (f)  Notwithstanding (a)(3) of this section, a person who maintains a vending                                           
24       machine is not in violation of (a)(3) of this section if the vending machine is located                           
25 (1)  on premises licensed as a beverage dispensary under AS 04.11.090,                                                  
26 licensed as a club under AS 04.11.110, or licensed as a package store under                                             
27       AS 04.11.150, and is located                                                                                      
28                      (A)  as far as practicable from the primary entrance; and                                          
29 (B)  in a place that is directly and continually supervised by a                                                        
30 person employed on the licensed premises during the hours the vending                                                   
31            machine is accessible to the public; or                                                                      
01 (2)  in an employee break room or other controlled area of a private                                                    
02 work place that is not generally considered a public place and the room or area                                         
03 contains a posted warning sign at least 11 inches by 8.5 inches indicating that                                         
04 possession of electronic smoking products or products containing nicotine by a person                                   
05       under 19 years of age without a prescription is prohibited under AS 11.76.109.                                    
06 (g)  The court shall forward a record of each person convicted under this                                               
07 section who holds a business license endorsement under AS 43.70.075, or who is an                                       
08 employee or agent of a person who holds a business license endorsement under                                            
09 AS 43.70.075, to the Department of Commerce, Community, and Economic                                                    
10       Development.                                                                                                      
11    * Sec. 10. AS 11.81.900(b) is amended by adding a new paragraph to read:                                             
12                 (67)  "electronic smoking product"                                                                      
13                      (A)  means                                                                                         
14 (i)  any product containing or delivering nicotine or any                                                               
15 other substance intended for human consumption that can be used by a                                                    
16 person through inhalation of vapor or aerosol from the product, of any                                                  
17 size or shape, whether the product is manufactured, distributed,                                                        
18 marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen,                                               
19                 or any other product name or descriptor; or                                                             
20 (ii)  a component, solution, alternative tobacco product,                                                               
21 e-liquid, e-juice, vapor product, flavoring, or other related product of an                                             
22 electronic cigarette, electronic cigar, electronic cigarillo, electronic                                                
23 pipe, or other similar device of any size or shape used for, or to assist                                               
24 with, aerosolizing and inhaling chemical substances that may cause an                                                   
25                 adverse effect on human health;                                                                         
26                      (B)  does not include marijuana as defined in AS 11.71.900.                                        
27    * Sec. 11. AS 43.50.070(a) is amended to read:                                                                       
28 (a)  The department may suspend, revoke, or refuse to renew a license issued                                            
29 under this chapter (1) for a negligent violation of AS 11.76.100, 11.76.106, 11.76.107,                                 
30 11.76.109, or a violation of this chapter or a regulation of the department adopted                                   
31 under this chapter; (2) if a licensee ceases to act in the capacity for which the license                               
01 was issued; or (3) if a licensee negligently sells tobacco or products containing                                       
02 tobacco to a person who is required to, but does not, hold a license endorsement under                                  
03 AS 43.70.075 or whose license endorsement under AS 43.70.075 has been suspended.                                        
04 A person whose license is suspended or revoked may not sell cigarettes or tobacco                                       
05 products, or permit cigarettes or tobacco products to be sold, during the period of the                                 
06 suspension or revocation on the premises occupied or controlled by that person. A                                       
07 disciplinary proceeding or action is not barred or abated by the expiration, transfer,                                  
08 surrender, renewal, or extension of a license issued under this chapter. The department                                 
09 shall comply with the provisions of AS 44.62 (Administrative Procedure Act), except                                     
10 that a hearing officer of the department, rather than a hearing officer assigned under                                  
11       AS 44.62.350, may conduct hearings.                                                                               
12    * Sec. 12. AS 43.50.105(b) is amended to read:                                                                       
13 (b)  A person who is licensed under this chapter may not ship or cause to be                                            
14       shipped cigarettes to a person in this state unless the person receiving the cigarettes                           
15                 (1)  is licensed under this chapter;                                                                    
16 (2)  holds a business license [TOBACCO] endorsement under                                                             
17       AS 43.70.075;                                                                                                     
18 (3)  is an operator of a customs bonded warehouse under 19 U.S.C.                                                       
19       1311 or 19 U.S.C. 1555;                                                                                           
20 (4)  is an instrumentality of the federal government or an Indian tribal                                                
21       organization authorized by law to possess cigarettes not taxed under this chapter; or                             
22 (5)  is an individual 19 years of age or older receiving the cigarettes for                                             
23 personal consumption and the tax imposed on the cigarettes under this chapter has                                       
24       been paid.                                                                                                        
25    * Sec. 13. AS 43.70.075(a) is amended to read:                                                                       
26 (a)  Unless a person has a business license endorsement issued under this                                               
27 section for each location or outlet in a location where the person offers tobacco                                       
28 products, electronic smoking products, or products containing nicotine for sale, a                                    
29 person may not sell or allow a vending machine to sell in its location or outlet                                        
30 cigarettes, cigars, tobacco, [OR OTHER] products containing tobacco, electronic                                       
31 smoking products, or products containing nicotine as a retailer at that location or                                   
01 outlet. Each endorsement required under this section is in addition to any other license                                
02 or endorsement required by law. A person may not apply for an endorsement under                                         
03 this section for a location or outlet if an endorsement issued for the same location or                                 
04 outlet is currently suspended or revoked. An endorsement issued for a location or                                       
05       outlet to a person in violation of this subsection is void.                                                       
06    * Sec. 14. AS 43.70.075(d) is amended to read:                                                                       
07 (d)  If a person who holds an endorsement issued under this section, or an                                              
08 agent or an employee of a person who holds an endorsement issued under this section                                     
09 acting within the scope of the agency or employment, has been convicted of violating                                    
10 AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109, the department shall impose                                    
11 a civil penalty as set out in this subsection. However, following a hearing under (m) of                                
12 this section, and based on evidence admitted at that hearing concerning questions                                       
13 specified in (m)(4) and (6) of this section, the department may reduce by not more                                      
14 than 10 days a suspension under (1) of this subsection, or by not more than 20 days a                                   
15 suspension under (2) of this subsection, or increase by not more than 10 days a                                         
16 suspension under (1) of this subsection, or by not more than 20 days a suspension                                       
17 under (2) of this subsection. If a hearing is not requested, or if a hearing is requested                               
18 and the department determines that the evidence admitted does not support increasing                                    
19 or decreasing the suspension, the department shall suspend the endorsement for a                                        
20       period of                                                                                                         
21 (1)  20 days and impose a civil penalty of $500 [$300] if the person has                                              
22 not been previously convicted of violating AS 11.76.100, 11.76.106, [OR] 11.76.107,                                   
23 or 11.76.109 and is not otherwise subject to the sanctions described in (2) - (4) of this                             
24       subsection;                                                                                                       
25 (2)  45 days and impose a civil penalty of $2,000 [$500] if, within the                                               
26 24 months before the date of the department's notice under (m) of this section, the                                     
27 person, or an agent or employee of the person while acting within the scope of the                                      
28 agency or employment of the person, was convicted once of violating AS 11.76.100,                                       
29       11.76.106, [OR] 11.76.107, or 11.76.109;                                                                        
30 (3)  90 days and impose a civil penalty of $4,000 [$1,000] if, within the                                             
31 24 months before the date of the department's notice under (m) of this section, the                                     
01 person, or an agent or employee of the person while acting within the scope of the                                      
02 agency or employment of the person, was convicted twice of violating AS 11.76.100,                                      
03 11.76.106, [OR] 11.76.107, or 11.76.109, or a provision of this section or a regulation                               
04       implementing this section adopted under AS 43.70.090; or                                                          
05 (4)  one year and impose a civil penalty of $10,000 [$2,500] if, within                                               
06 the 24 months before the date of the department's notice under (m) of this section, the                                 
07 person, or an agent or employee of the person while acting within the scope of the                                      
08 agency or employment of the person, was convicted three or more times [THAN                                         
09       TWICE] of violating AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109.                                      
10    * Sec. 15. AS 43.70.075(f) is amended to read:                                                                       
11 (f)  A person who holds a license endorsement issued under this section shall                                           
12 post on the licensed premises a warning sign as described in this subsection. A                                         
13 warning sign required by this subsection must be at least 8.5 [6] inches by 11 [18]                                 
14 inches and must read [, IN LETTERING AT LEAST 1.25 INCHES HIGH]: "The sale                                              
15 of electronic smoking products or products containing nicotine without a                                              
16 prescription or tobacco products to persons under age 19 is illegal." A person holding                                
17 an endorsement issued under this section shall display the warning sign in a manner                                   
18 conspicuous to a person purchasing or consuming tobacco products, electronic                                          
19 smoking products, or products containing nicotine on the licensed premises. The                                       
20 department shall make available the [, WITHOUT CHARGE, FURNISH] warning                                               
21 signs required under this section to a person who holds an endorsement issued under                                     
22       this section or a person who requests the sign with the intention of displaying it.                               
23    * Sec. 16. AS 43.70.075(i) is amended to read:                                                                       
24 (i)  The commissioner or the commissioner of revenue may seize cigarettes,                                            
25 electronic smoking products, or products containing nicotine that do not comply                                       
26 with this section. After notice and an opportunity for a hearing, the commissioner or                                   
27 the commissioner of revenue shall destroy cigarettes, electronic smoking products,                                    
28       or products containing nicotine seized under this subsection.                                                   
29    * Sec. 17. AS 43.70.075(l) is amended to read:                                                                       
30 (l)  Notwithstanding (a) of this section, a person owning vending machines that                                         
31 offer tobacco products, electronic smoking products, or products containing                                           
01 nicotine for sale need obtain only one business license endorsement under this section                                
02 even if the person has vending machines in more than one outlet or location in the                                      
03 state. The person who owns a vending machine that offers tobacco products,                                            
04 electronic smoking products, or products containing nicotine for sale and the                                         
05 person who owns the premises where the vending machine is located are both required                                     
06 to obtain a business license endorsement issued under this section. If the endorsement                                  
07 of the person owning the vending machine is suspended or revoked, the person may                                        
08 not sell cigarettes, cigars, [OR OTHER] products containing tobacco, electronic                                       
09 smoking products, or products containing nicotine during the period of suspension                                     
10 or revocation through the use of vending machines at the location or outlet where the                                   
11 violation occurred. During the period of suspension or revocation, the person owning                                    
12 that vending machine may not use that machine to sell tobacco products, electronic                                    
13       smoking products, or products containing nicotine at another location or outlet.                                
14    * Sec. 18. AS 43.70.075(m) is amended to read:                                                                       
15 (m)  The department may initiate suspension of a business license endorsement                                           
16 or the right to obtain a business license endorsement under this section by sending the                                 
17 person subject to the suspension a notice by certified mail, return receipt requested, or                               
18 by delivering the notice to the person. The notice must contain information that                                        
19 informs the person of the grounds for suspension, the length of any suspension sought,                                  
20 and the person's right to administrative review. A suspension begins 30 days after                                      
21 receipt of notice described in this subsection unless the person delivers a timely                                      
22 written request for a hearing to the department in the manner provided by regulations                                   
23 of the department. If a hearing is requested under this subsection, an administrative                                   
24 law judge of the office of administrative hearings (AS 44.64.010) shall determine the                                   
25 issues by using the preponderance of the evidence test and shall, to the extent they do                                 
26 not conflict with regulations adopted under AS 44.64.060, conduct the hearing in the                                    
27 manner provided by regulations of the department. A hearing under this subsection is                                    
28       limited to the following questions:                                                                               
29 (1)  was the person holding the business license endorsement, or an                                                     
30 agent or employee of the person while acting within the scope of the agency or                                          
31 employment of the person, convicted by plea or judicial finding of violating                                            
01       AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109;                                                          
02 (2)  if the department does not allege a conviction of AS 11.76.100,                                                    
03 11.76.106, [OR] 11.76.107, or 11.76.109, did the person, or an agent or employee of                                   
04 the person while acting within the scope of the agency or employment of the person,                                     
05       violate a provision of (a) or (g) of this section;                                                                
06 (3)  within the 24 months before the date of the department's notice                                                    
07 under this subsection, was the person, or an agent or employee of the person while                                      
08 acting within the scope of the agency or employment of the person, convicted of                                         
09 violating AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109 or adjudicated for                                    
10       violating a provision of (a) or (g) of this section;                                                              
11 (4)  did the person holding the business license endorsement establish                                                  
12 that the person holding the business license endorsement had adopted and enforced an                                    
13 education, a compliance, and a disciplinary program for agents and employees of the                                     
14       person as provided in (t) of this section;                                                                        
15 (5)  did the person holding the business license endorsement overcome                                                   
16       the rebuttable presumption established in (w) of this section;                                                    
17 (6)  within five years before the date of the violation that is the subject                                             
18 of the hearing, did the department establish that the person holding the business                                       
19       license endorsement                                                                                               
20                      (A)  previously violated (a) or (g) of this section;                                               
21 (B)  previously violated AS 11.76.100, 11.76.106, [OR]                                                                  
22 11.76.107, or 11.76.109 at a location or outlet in a location for which the                                           
23 person holds a business license endorsement, or had an agent or employee                                                
24 previously violate AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109;                                             
25 this subparagraph does not apply to a prior conviction that served to enhance a                                         
26            suspension period under (d)(2) - (4) of this section; or                                                     
27 (C)  engaged at a location owned by the person in other conduct                                                         
28 that was or is likely to result in the sale of tobacco, electronic smoking                                            
29 products, or products containing nicotine to a person under 19 years of age                                           
30            in violation of AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109.                                     
31    * Sec. 19. AS 43.70.075(r) is amended to read:                                                                       
01 (r)  For purposes of this section, the sale of a product containing tobacco, an                                       
02 electronic smoking product, or a product containing nicotine by an agent or                                           
03 employee of a person who holds or is required to hold a business license endorsement                                    
04 under this section at the location or outlet in a location for which the endorsement was,                             
05 or was required to be, issued is rebuttably presumed to have been a sale within the                                   
06       person's scope of agency or employment.                                                                           
07    * Sec. 20. AS 43.70.075(t) is amended to read:                                                                       
08 (t)  Based on evidence provided at the hearing under (m)(4) - (6) of this                                               
09 section, the department may reduce the license suspension period under (d) of this                                      
10 section if the person holding the business license endorsement establishes that, before                                 
11       the date of the violation, the person had                                                                         
12 (1)  adopted and enforced a written policy against selling cigarettes,                                                  
13 cigars, tobacco, [OR] products containing tobacco, electronic smoking products, or                                    
14 products containing nicotine to a person under 19 years of age in violation of                                        
15       AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109;                                                          
16 (2)  informed the person's agents and employees of the applicable laws                                                  
17 and their requirements and conducted training on complying with the laws and                                            
18       requirements;                                                                                                     
19 (3)  required each agent and employee of the person to sign a form                                                      
20 stating that the agent and employee has been informed of and understands the written                                    
21 policy and the requirements of AS 11.76.100, 11.76.106, [AND] 11.76.107, and                                          
22       11.76.109;                                                                                                      
23 (4)  determined that the agents and employees of the person had                                                         
24 sufficient experience and ability to comply with the written policy and requirements of                                 
25       AS 11.76.100, 11.76.106, [AND] 11.76.107, and 11.76.109;                                                        
26 (5)  required the agents and employees of the person to verify the age                                                  
27 of purchasers of cigarettes, cigars, tobacco, [OR] other products containing tobacco,                                 
28 electronic smoking products, or products containing nicotine by means of a valid                                      
29       government issued photographic identification;                                                                    
30 (6)  established and enforced disciplinary sanctions for noncompliance                                                  
31 with the written policy or the requirements of AS 11.76.100, 11.76.106, [AND]                                           
01       11.76.107, and 11.76.109; and                                                                                   
02                 (7)  monitored the compliance of the agents and employees of the                                        
03       person with the written policy and the requirements of AS 11.76.100, 11.76.106,                                   
04       [AND] 11.76.107, and 11.76.109.                                                                                 
05    * Sec. 21. AS 43.70.075(v) is amended to read:                                                                       
06 (v)  Notwithstanding (d) of this section, in place of a hearing under (m) of this                                       
07 section, the department and the person holding the business license endorsement may                                     
08 enter into a memorandum of agreement regarding the imposition of a suspension and                                       
09 civil penalties based on a violation of AS 11.76.100, 11.76.106, [OR] 11.76.107, or                                   
10 11.76.109. The memorandum of agreement must contain a provision that the person                                       
11 holding the business license endorsement admits or does not contest that a violation of                                 
12 AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109 occurred and accepts the                                        
13 imposition of suspension and civil penalty under this section. Based on the                                             
14 memorandum of agreement, the department may reduce the period of suspension. For                                        
15 violations involving AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109, the                                       
16 department may not reduce the period of suspension by more than 10 days under                                           
17 (d)(1) of this section or by more than 20 days under (d)(2) of this section. The                                        
18 department may not agree to a reduction in the period of suspension more than once in                                   
19 a 12-month time period for a location or outlet in a location for which the person holds                                
20       a business license endorsement.                                                                                   
21    * Sec. 22. AS 43.70.075(w) is amended to read:                                                                       
22 (w)  For purposes of (m)(5) of this section, a conviction for a violation of                                            
23 AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109 by the agent or employee of                                     
24 the person who holds the business license endorsement is rebuttably presumed to                                         
25 constitute proof of the fact that the agent or employee negligently sold a cigarette, a                                 
26 cigar, or tobacco, [OR] a product containing tobacco, an electronic smoking product,                                  
27 or a product containing nicotine to a person under 19 years of age. The person who                                    
28 holds the business license endorsement may overcome the presumption by                                                  
29 establishing by clear and convincing evidence that the agent or employee did not                                        
30 negligently sell a cigarette, a cigar, or tobacco, [OR] a product containing tobacco, an                              
31 electronic smoking product, or a product containing nicotine to a person under 19                                     
01 years of age in violation of AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109 as                                 
02 alleged in the citation issued to the agent or employee. The presentation of evidence                                   
03 authorized by this subsection does not constitute a collateral attack on the conviction                                 
04       described in this subsection.                                                                                     
05    * Sec. 23. AS 43.70.075(x) is amended to read:                                                                       
06            (x)  Notwithstanding (d), (t), or (v) of this section, a period of suspension may                            
07       not be reduced for a violation of AS 11.76.100(a)(4) or 11.76.109(a)(4).                                        
08    * Sec. 24. AS 43.70.105(b) is amended to read:                                                                       
09            (b)  Notwithstanding an exemption provided by (a) of this section, a person                                  
10 who sells cigarettes, cigars, tobacco, [OR OTHER] products containing tobacco,                                        
11 electronic smoking products, or products containing nicotine as a retailer must                                       
12 have a business license under AS 43.70.020 and a business license endorsement                                           
13       required under AS 43.70.075.                                                                                      
14    * Sec. 25. AS 43.70.110 is amended by adding new paragraphs to read:                                                 
15 (6)  "electronic smoking product" has the meaning given in                                                              
16       AS 11.81.900(b);                                                                                                  
17 (7)  "product containing nicotine" does not include a cigarette, a cigar,                                               
18       tobacco, or a product containing tobacco.                                                                         
19    * Sec. 26. AS 44.29.092 is amended to read:                                                                          
20 Sec. 44.29.092. Citation for certain offenses concerning tobacco, products                                            
21 containing nicotine, or electronic smoking products. A peace officer or an agent or                                   
22 employee of the Department of Health and Social Services who is authorized by the                                       
23 commissioner of health and social services to enforce this section may issue a citation                                 
24 for a violation of AS 11.76.100, 11.76.106, [OR] 11.76.107, or 11.76.109 if there is                                  
25 probable cause to believe a person has violated AS 11.76.100, 11.76.106, [OR]                                           
26       11.76.107, or 11.76.109.                                                                                        
27    * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to                           
28 read:                                                                                                                   
29 APPLICABILITY. AS 11.76.105, as amended by sec. 1 of this Act, AS 11.76.106(a),                                         
30 as amended by sec. 3 of this Act, AS 11.76.106(b), as amended by sec. 4 of this Act,                                    
31 AS 11.76.107(a), as amended by sec. 5 of this Act, AS 11.76.109(a), as amended by sec. 6 of                             
01 this Act, AS 11.76.109(b), as amended by sec. 7 of this Act, AS 11.76.109(e), as amended by                             
02 sec. 8 of this Act, and AS 11.76.109(f), added by sec. 9 of this Act, apply to offenses                                 
03 committed on or after the effective date of secs. 1 and 3 - 9 of this Act.                                              
04    * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to                           
05 read:                                                                                                                   
06 TRANSITION: REGULATIONS. The Department of Commerce, Community, and                                                     
07 Economic Development may adopt regulations necessary to implement the changes made by                                   
08 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                            
09 before the effective date of the law implemented by the regulation.                                                     
10    * Sec. 29. Section 28 of this Act takes effect immediately under AS 01.10.070(c).                                    
11    * Sec. 30. Except as provided in sec. 29 of this Act, this Act takes effect January 1, 2019.                         
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