00 CS FOR HOUSE BILL NO. 37(FIN) 01 "An Act relating to restricting sale of cigarettes, to enforcement of certain laws 02 relating to sales of cigarettes, and to smoking education and cessation programs 03 administered by the Department of Health and Social Services." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 43.70.075 is amended by adding new subsections to read: 06 (g) A person who is required to hold a business license endorsement under this 07 section, or an agent or employee of the person, may not 08 (1) sell cigarettes to another person unless the cigarettes are sold in 09 groups of at least 20 and the cigarettes are in the manufacturer's original cigarette pack 10 or contained in a cigarette carton or box; or 11 (2) sell or possess cigarettes if the cigarette package 12 (A) differs in any respect from the requirements of 15 U.S.C. 13 1331 - 1341 (Cigarette Labeling and Advertising Act) for the placement of 14 warnings or of any other information upon a package of cigarettes that is sold 01 within the United States; 02 (B) is labeled "For Export Only," "U.S. Tax Exempt," "For Use 03 Outside U.S.," or with similar wording indicating that the manufacturer did not 04 intend that the product be sold in the United States; 05 (C) has been altered by adding, masking, or deleting wording 06 described in (B) of this paragraph. 07 (h) A violation of (g) of this section is an unfair or deceptive act or practice 08 under AS 45.50.471. 09 (i) The commissioner may seize cigarettes that do not comply with this 10 section. After notice and an opportunity for a hearing, the commissioner shall destroy 11 cigarettes seized under this subsection. 12 * Sec. 2. AS 44.29.020(a) is amended to read: 13 (a) The Department of Health and Social Services shall administer the state 14 programs of public health and social services, including 15 (1) maternal and child health services; 16 (2) preventive medical services; 17 (3) public health nursing services; 18 (4) nutrition services; 19 (5) health education; 20 (6) laboratories; 21 (7) mental health treatment and diagnosis; 22 (8) management of state institutions, except for adult penal institutions; 23 (9) medical facilities; 24 (10) adult public assistance; 25 (11) Alaska temporary assistance program; 26 (12) child welfare services; 27 (13) general relief; [AND] 28 (14) licensing and supervision of child care facilities ; and 29 (15) a comprehensive smoking education, tobacco use prevention, 30 and tobacco control program; to the maximum extent possible, the department 31 shall conduct the program required under this paragraph by grant or contract 01 with more than one organization in the state; the department's program must 02 include 03 (A) a community-based smoking cessation component using 04 cessation aids such as a nicotine patch or a gum tobacco substitute; 05 (B) school-based efforts; 06 (C) anti-tobacco marketing; 07 (D) tobacco use surveillance and evaluation; and 08 (E) enforcement components .