00 HOUSE BILL NO. 110 01 "An Act raising the minimum age to purchase, sell, exchange, or possess tobacco, a 02 product containing nicotine, or an electronic smoking product; relating to transporting 03 tobacco, a product containing nicotine, or an electronic smoking product; relating to the 04 taxation of electronic smoking products; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.76.100(a) is amended to read: 07 (a) A person commits the offense of selling or giving tobacco to a person 08 under 21 years of age [MINOR] if the person 09 (1) negligently sells a cigarette, a cigar, tobacco, or a product 10 containing tobacco to a person under 21 [19] years of age; 11 (2) is 21 [19] years of age or older and negligently exchanges or gives 12 a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] 13 years of age; 14 (3) maintains a vending machine that dispenses cigarettes, cigars, 01 tobacco, or products containing tobacco; or 02 (4) holds a business license endorsement under AS 43.70.075 and 03 allows a person under 21 [19] years of age to sell a cigarette, a cigar, tobacco, or a 04 product containing tobacco. 05 * Sec. 2. AS 11.76.100(b) is amended to read: 06 (b) Notwithstanding the provisions of (a) of this section, a person who 07 maintains a vending machine is not in violation of (a)(3) of this section if the vending 08 machine is located 09 (1) on premises licensed as a beverage dispensary under AS 04.11.090, 10 licensed as a club under AS 04.11.110, or licensed as a package store under 11 AS 04.11.150; and 12 (A) as far as practicable from the primary entrance; and 13 (B) in a place that is directly and continually supervised by a 14 person employed on the licensed premises during the hours the vending 15 machine is accessible to the public; or 16 (2) in an employee break room or other controlled area of a private 17 work place that is not generally considered a public place and the room or area 18 contains a posted warning sign at least 11 inches by 14 inches indicating that 19 possession of tobacco by a person under 21 [19] years of age is prohibited under 20 AS 11.76.105. 21 * Sec. 3. AS 11.76.105 is amended to read: 22 Sec. 11.76.105. Possession of tobacco, electronic smoking products, or 23 products containing nicotine by a person under 21 years of age [MINOR]. (a) A 24 person under 21 [19] years of age may not knowingly possess a cigarette, a cigar, 25 tobacco, a product containing tobacco, an electronic smoking product, or a product 26 containing nicotine in this state. [THIS SUBSECTION DOES NOT APPLY TO A 27 PERSON WHO IS A PRISONER AT AN ADULT CORRECTIONAL FACILITY.] 28 (b) In a prosecution under (a) of this section for possession of an electronic 29 smoking product or a product containing nicotine, it is an affirmative defense that the 30 electronic smoking product or product containing nicotine possessed by the person 31 under 21 [19] years of age was intended or expected to be consumed without being 01 combusted, and the electronic smoking product or product containing nicotine 02 (1) has been approved by the United States Food and Drug 03 Administration for sale as a tobacco use cessation or harm reduction product or for 04 other medical purposes; 05 (2) was being marketed and sold for the approved purposes; and 06 (3) was 07 (A) prescribed by a health care professional; 08 (B) given to the person by the person's parent or guardian; 09 (C) provided by a state-approved tobacco cessation program 10 administered by the Department of Health and Social Services; or 11 (D) provided by a pharmacist to a person 18 years of age or 12 older without a prescription. 13 (c) Possession of tobacco, an electronic smoking product, or a product 14 containing nicotine by a person under 21 years of age [MINOR] is a violation. 15 * Sec. 4. AS 11.76.106(a) is amended to read: 16 (a) Except as provided under (b) of this section, a person may not sell 17 cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, 18 or products containing nicotine 19 (1) unless the sale occurs in a manner that allows only the sales clerk 20 to control access to the cigarettes, cigars, tobacco, products containing tobacco, 21 electronic smoking products, or products containing nicotine; 22 (2) over the Internet to an individual for the individual's personal 23 consumption. 24 * Sec. 5. AS 11.76.106(b) is amended to read: 25 (b) Paragraph (a)(1) of this section [SUBSECTION (a)] does not apply if 26 the sale 27 (1) is by vending machine as provided under AS 11.76.100(b) or 28 11.76.109(d); 29 (2) is a wholesale transaction, the person is licensed as a manufacturer 30 or distributor under AS 43.50.010, and the sale occurs on premises where no retail 31 transactions occur; 01 (3) is by a retailer who sells primarily cigarettes, cigars, tobacco, 02 products containing tobacco, electronic smoking products, or products containing 03 nicotine and who restricts access to the premises to only those individuals who are 21 04 [19] years of age or older; or 05 (4) is of electronic smoking products over the Internet to a person 19 06 years of age or older. 07 * Sec. 6. AS 11.76.109(a) is amended to read: 08 (a) A person commits the offense of selling or giving an electronic smoking 09 product or a product containing nicotine to a person under 21 years of age [MINOR] 10 if the person 11 (1) negligently sells an electronic smoking product or a product 12 containing nicotine to a person under 21 [19] years of age; 13 (2) is 21 [19] years of age or older and negligently exchanges or gives 14 an electronic smoking product or a product containing nicotine to a person under 21 15 [19] years of age; 16 (3) maintains a vending machine that dispenses electronic smoking 17 products or products containing nicotine; or 18 (4) holds a business license endorsement under AS 43.70.075 and 19 allows a person under 21 [19] years of age to sell an electronic smoking product or a 20 product containing nicotine. 21 * Sec. 7. AS 11.76.109(b) is amended to read: 22 (b) The provisions of (a) of this section do not apply to the sale, exchange, or 23 gift to a person under 21 [19] years of age of an electronic smoking product or a 24 product containing nicotine that is intended or expected to be consumed without being 25 combusted if the electronic smoking product or product containing nicotine 26 (1) has been approved by the United States Food and Drug 27 Administration for sale as a tobacco use cessation or harm reduction product or for 28 other medical purposes; 29 (2) is being marketed and sold solely for the approved purposes; and 30 (3) is 31 (A) prescribed by a health care professional; 01 (B) given to a person by the person's parent or legal guardian; 02 (C) provided by a state-approved tobacco cessation program 03 administered by the Department of Health and Social Services; or 04 (D) provided by a pharmacist to a person 18 years of age or 05 older without a prescription. 06 * Sec. 8. AS 11.76.109(d) is amended to read: 07 (d) Notwithstanding (a)(3) of this section, a person who maintains a vending 08 machine is not in violation of (a)(3) of this section if the vending machine is located 09 (1) on premises licensed as a beverage dispensary under AS 04.11.090, 10 licensed as a club under AS 04.11.110, or licensed as a package store under 11 AS 04.11.150, and is located 12 (A) as far as practicable from the primary entrance; and 13 (B) in a place that is directly and continually supervised by a 14 person employed on the licensed premises during the hours the vending 15 machine is accessible to the public; or 16 (2) in an employee break room or other controlled area of a private 17 work place that is not generally considered a public place and the room or area 18 contains a posted warning sign at least 11 inches by 8.5 inches indicating that 19 possession of electronic smoking products or products containing nicotine by a person 20 under 21 [19] years of age without a prescription is prohibited under AS 11.76.109. 21 * Sec. 9. AS 11.76.109(g) is amended to read: 22 (g) Selling or giving an electronic smoking product or a product containing 23 nicotine to a person under 21 years of age [MINOR] is a violation and, upon 24 conviction, is punishable by a fine of not less than $300. 25 * Sec. 10. AS 43.50.105(b) is amended to read: 26 (b) A person who is licensed under this chapter may not ship or cause to be 27 shipped cigarettes to a person in this state unless the person receiving the cigarettes 28 (1) is licensed under this chapter; 29 (2) holds a business license endorsement under AS 43.70.075; 30 (3) is an operator of a customs bonded warehouse under 19 U.S.C. 31 1311 or 19 U.S.C. 1555; 01 (4) is an instrumentality of the federal government or an Indian tribal 02 organization authorized by law to possess cigarettes not taxed under this chapter; or 03 (5) is an individual 21 [19] years of age or older and the individual's 04 age was verified at the time of purchase by a third-party verification service, the 05 individual is receiving the cigarettes for personal consumption, and the tax imposed 06 on the cigarettes under this chapter has been paid. 07 * Sec. 11. AS 43.50.105(c) is amended to read: 08 (c) A common or contract carrier may not knowingly transport cigarettes to a 09 person in this state unless the person 10 (1) shipping the cigarettes is licensed under this chapter and, before 11 shipment, provides the common or contract carrier with a copy of the person's current 12 license issued by the department and 13 (A) an affidavit from the intended recipient certifying that the 14 person receiving the cigarettes is a person described under (b)(1) - (4) [(b)(1) - 15 (5)] of this section; or 16 (B) the common or contract carrier verifies the age of the 17 recipient as 21 years of age or older before delivery; or 18 (2) receiving the cigarettes is a person described under (a)(2) or (3) of 19 this section or is licensed under this chapter and, before receipt, provides the common 20 or contract carrier with a copy of the person's current license issued by the department. 21 * Sec. 12. AS 43.50.150(c) is amended to read: 22 (c) The department may enter into an agreement with a municipality that 23 imposes a tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking 24 products for the purpose of jointly auditing a person liable for a tax under 25 AS 43.50.010 - 43.50.390 and the municipal tax on cigarettes, [OR OTHER] tobacco 26 products, or electronic smoking products. In this subsection, "electronic smoking 27 product" has the meaning given in AS 43.50.390. 28 * Sec. 13. AS 43.50.300 is amended to read: 29 Sec. 43.50.300. Excise tax levied. An excise tax is levied on tobacco products 30 and electronic smoking products in the state at the rate of 75 percent of the 31 wholesale price of the [TOBACCO] products. The tax is levied when a person 01 (1) brings, or causes to be brought, a tobacco product or electronic 02 smoking product into the state from outside the state for sale; 03 (2) makes, manufactures, or fabricates a tobacco product or electronic 04 smoking product in the state for sale in the state; or 05 (3) ships or transports a tobacco product or electronic smoking 06 product to a retailer in the state for sale by the retailer. 07 * Sec. 14. AS 43.50.310(b) is amended to read: 08 (b) The tax does not apply to a 09 (1) tobacco product if the United States Constitution or other federal 10 laws prohibit the levying of the tax on the product by the state; or 11 (2) an electronic smoking product 12 (A) that is subject to taxation under AS 43.61.010 - 13 43.61.030 and that does not contain nicotine; 14 (B) approved for sale by the United States Food and Drug 15 Administration as a drug, drug product, including a drug product used to 16 treat tobacco dependence, or combination product under 21 U.S.C. 301 - 17 392 (Federal Food, Drug, and Cosmetic Act); 18 (C) if the United States Constitution or other federal laws 19 prohibit the levying of the tax on the product by the state. 20 * Sec. 15. AS 43.50.320(a) is amended to read: 21 (a) Except as provided in (g) of this section, a person must be licensed by the 22 department if the person engages in business as a distributor for a tobacco product or 23 electronic smoking product that is subject to the tax. 24 * Sec. 16. AS 43.50 is amended by adding a new section to read: 25 Sec. 43.50.325. Restrictions on shipping or transporting tobacco products 26 and electronic smoking products. (a) A person who is not licensed under this chapter 27 may not ship or cause to be shipped a tobacco product or electronic smoking product 28 to a person in this state unless the person receiving the tobacco product or electronic 29 smoking product is 30 (1) licensed under this chapter; 31 (2) an operator of a customs bonded warehouse under 19 U.S.C. 1311 01 or 19 U.S.C. 1555; or 02 (3) an instrumentality of the federal government or an Indian tribal 03 organization authorized by law to possess tobacco products or electronic smoking 04 products not taxed under this chapter. 05 (b) A person who is licensed under this chapter may not ship or cause to be 06 shipped a tobacco product or electronic smoking product to a person in this state 07 unless the person receiving the tobacco product or electronic smoking product 08 (1) is licensed under this chapter; 09 (2) holds a business license endorsement under AS 43.70.075; 10 (3) is an operator of a customs bonded warehouse under 19 U.S.C. 11 1311 or 19 U.S.C. 1555; 12 (4) is an instrumentality of the federal government or an Indian tribal 13 organization authorized by law to possess tobacco products or electronic smoking 14 products not taxed under this chapter; or 15 (5) is an individual 21 years of age or older and the individual's age 16 was verified at the time of purchase though a third-party verification service, the 17 individual is receiving the tobacco product or electronic smoking product for personal 18 consumption, and the tax imposed on the tobacco product or electronic smoking 19 product under this chapter has been paid. 20 (c) A common or contract carrier may not knowingly transport a tobacco 21 product or electronic smoking product to a person in this state unless the person 22 (1) shipping the tobacco product or electronic smoking product is 23 licensed under this chapter and, before shipment, provides the common or contract 24 carrier with a copy of the person's current license issued by the department and 25 (A) an affidavit from the intended recipient certifying that the 26 person receiving the tobacco product or electronic smoking product is a person 27 described under (b)(1) - (4) of this section; or 28 (B) the common or contract carrier verifies the age of the 29 recipient as 21 years of age or older before delivery; or 30 (2) receiving the tobacco product or electronic smoking product is a 31 person described under (a)(2) or (3) of this section or is licensed under this chapter 01 and, before receipt, provides the common or contract carrier with a copy of the 02 person's current license issued by the department. 03 (d) If a tobacco product or electronic smoking product is transported by a 04 common or contract carrier to a home or residence, it is rebuttably presumed that the 05 common or contract carrier knew that the recipient of the tobacco product or electronic 06 smoking product was not a person described under (b)(1) - (5) of this section, unless 07 the person shipping the tobacco product or electronic smoking product has satisfied 08 the requirements in (c)(1) of this section. 09 (e) A person, other than a common or contract carrier, may not knowingly 10 transport a tobacco product or electronic smoking product to a person in this state, 11 unless the recipient of the tobacco product or electronic smoking product is a person 12 described under (b)(1) - (5) of this section. 13 (f) A person who ships or causes to be shipped a tobacco product or electronic 14 smoking product to a person in this state shall plainly and visibly mark the container 15 or wrapping with the words "tobacco product" or "electronic smoking product" or 16 both, as applicable, if the tobacco product or electronic smoking product is shipped in 17 a container or wrapping other than the manufacturer's original container or wrapping 18 of the tobacco product or electronic smoking product. 19 (g) A person who violates the provisions of this section is guilty of a class A 20 misdemeanor if the person unlawfully ships, causes to be shipped, or transports a 21 tobacco product or electronic smoking product. 22 (h) In addition to the criminal penalty under (g) of this section, the department 23 may assess a civil penalty of not more than $5,000 for each violation of this section. 24 (i) A person who violates the provisions of this section is jointly and severally 25 liable for the taxes imposed by AS 43.50.090 and 43.50.190. To the fullest extent 26 permitted by the Constitution of the United States, a person who violates the 27 provisions of this section is required to collect the taxes and pay them to the 28 department. 29 * Sec. 17. AS 43.50.330(a) is amended to read: 30 (a) On or before the last day of each calendar month, a licensee shall file a 31 return with the department. The return must state the number or amount of tobacco 01 products and electronic smoking products sold by the licensee during the preceding 02 calendar month, the selling price of the tobacco products and electronic smoking 03 products, and the amount of tax imposed on the tobacco products and electronic 04 smoking products. 05 * Sec. 18. AS 43.50.335 is amended to read: 06 Sec. 43.50.335. Tax credits and refunds. The department shall adopt 07 procedures for a refund or credit to a licensee of the tax paid for tobacco products or 08 electronic smoking products that have become unfit for sale, are destroyed, or are 09 returned to the manufacturer for credit or replacement if the licensee provides proof 10 acceptable to the department that the tobacco products or electronic smoking 11 products have not been and will not be consumed in this state. 12 * Sec. 19. AS 43.50.340 is amended to read: 13 Sec. 43.50.340. Records. A licensee shall keep a complete and accurate record 14 of all tobacco products and electronic smoking products of the licensee subject to 15 the tax, including purchase prices, sales prices, the names and addresses of the sellers 16 and the purchasers, the dates of delivery, the quantities of tobacco products and 17 electronic smoking products, and the trade names and brands. Statements and 18 records required by this section must be in the form prescribed by the department, 19 preserved for three years, and available for inspection upon demand by the 20 department. 21 * Sec. 20. AS 43.50.390(1) is amended to read: 22 (1) "distributor" means a person who 23 (A) brings, or causes to be brought, a tobacco product or 24 electronic smoking product into the state from outside the state for sale; 25 (B) makes, manufactures, or fabricates a tobacco product or 26 electronic smoking product in the state for sale in the state; or 27 (C) ships or transports a tobacco product or electronic 28 smoking product to a retailer in the state for sale by the retailer; 29 * Sec. 21. AS 43.50.390(5) is amended to read: 30 (5) "wholesale price" means 31 (A) the established price for which a manufacturer sells a 01 tobacco product or electronic smoking product to a distributor after 02 deduction of a discount or other reduction received by the distributor for 03 quantity or cash if the manufacturer's established price is adequately supported 04 by bona fide arm's length sales as determined by the department; or 05 (B) the price, as determined by the department, for which 06 tobacco products or electronic smoking products of comparable retail price 07 are sold to distributors in the ordinary course of trade if the manufacturer's 08 established price does not meet the standards of (A) of this paragraph. 09 * Sec. 22. AS 43.50.390 is amended by adding a new paragraph to read: 10 (6) "electronic smoking product" means a 11 (A) component, solution, vapor product, or other related 12 product that is manufactured and sold for use in an electronic cigarette, 13 electronic cigar, electronic cigarillo, electronic pipe, or other similar device for 14 the purpose of delivering nicotine or other substances to the person inhaling; 15 (B) product under (A) of this paragraph that is sold as part of a 16 disposable integrated unit containing a power source and delivery system or as 17 a kit containing a refillable electronic smoking system and power source. 18 * Sec. 23. AS 43.70.075(f) is amended to read: 19 (f) A person who holds a license endorsement issued under this section shall 20 post on the licensed premises a warning sign as described in this subsection. A 21 warning sign required by this subsection must be at least 8.5 inches by 11 inches and 22 must read: "The sale of electronic smoking products or products containing nicotine 23 without a prescription or tobacco products to persons under age 21 [19] is illegal." A 24 person holding an endorsement issued under this section shall display the warning sign 25 in a manner conspicuous to a person purchasing or consuming tobacco products, 26 electronic smoking products, or products containing nicotine on the licensed premises. 27 The department shall make available the warning signs required under this section to a 28 person who holds an endorsement issued under this section or a person who requests 29 the sign with the intention of displaying it. 30 * Sec. 24. AS 43.70.075(m) is amended to read: 31 (m) The department may initiate suspension of a business license endorsement 01 or the right to obtain a business license endorsement under this section by sending the 02 person subject to the suspension a notice by certified mail, return receipt requested, or 03 by delivering the notice to the person. The notice must contain information that 04 informs the person of the grounds for suspension, the length of any suspension sought, 05 and the person's right to administrative review. A suspension begins 30 days after 06 receipt of notice described in this subsection unless the person delivers a timely 07 written request for a hearing to the department in the manner provided by regulations 08 of the department. If a hearing is requested under this subsection, an administrative 09 law judge of the office of administrative hearings (AS 44.64.010) shall determine the 10 issues by using the preponderance of the evidence test and shall, to the extent they do 11 not conflict with regulations adopted under AS 44.64.060, conduct the hearing in the 12 manner provided by regulations of the department. A hearing under this subsection is 13 limited to the following questions: 14 (1) was the person holding the business license endorsement, or an 15 agent or employee of the person while acting within the scope of the agency or 16 employment of the person, convicted by plea or judicial finding of violating 17 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109; 18 (2) if the department does not allege a conviction of AS 11.76.100, 19 11.76.106, 11.76.107, or 11.76.109, did the person, or an agent or employee of the 20 person while acting within the scope of the agency or employment of the person, 21 violate a provision of (a) or (g) of this section; 22 (3) within the 24 months before the date of the department's notice 23 under this subsection, was the person, or an agent or employee of the person while 24 acting within the scope of the agency or employment of the person, convicted of 25 violating AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 or adjudicated for 26 violating a provision of (a) or (g) of this section; 27 (4) did the person holding the business license endorsement establish 28 that the person holding the business license endorsement had adopted and enforced an 29 education, a compliance, and a disciplinary program for agents and employees of the 30 person as provided in (t) of this section; 31 (5) did the person holding the business license endorsement overcome 01 the rebuttable presumption established in (w) of this section; 02 (6) within five years before the date of the violation that is the subject 03 of the hearing, did the department establish that the person holding the business 04 license endorsement 05 (A) previously violated (a) or (g) of this section; 06 (B) previously violated AS 11.76.100, 11.76.106, 11.76.107, or 07 11.76.109 at a location or outlet in a location for which the person holds a 08 business license endorsement, or had an agent or employee previously violate 09 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109; this subparagraph does not 10 apply to a prior conviction that served to enhance a suspension period under 11 (d)(2) - (4) of this section; or 12 (C) engaged at a location owned by the person in other conduct 13 that was or is likely to result in the sale of tobacco, electronic smoking 14 products, or products containing nicotine to a person under 21 [19] years of 15 age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109. 16 * Sec. 25. AS 43.70.075(t) is amended to read: 17 (t) Based on evidence provided at the hearing under (m)(4) - (6) of this 18 section, the department may reduce the license suspension period under (d) of this 19 section if the person holding the business license endorsement establishes that, before 20 the date of the violation, the person had 21 (1) adopted and enforced a written policy against selling cigarettes, 22 cigars, tobacco, products containing tobacco, electronic smoking products, or products 23 containing nicotine to a person under 21 [19] years of age in violation of 24 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109; 25 (2) informed the person's agents and employees of the applicable laws 26 and their requirements and conducted training on complying with the laws and 27 requirements; 28 (3) required each agent and employee of the person to sign a form 29 stating that the agent and employee has been informed of and understands the written 30 policy and the requirements of AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109; 31 (4) determined that the agents and employees of the person had 01 sufficient experience and ability to comply with the written policy and requirements of 02 AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109; 03 (5) required the agents and employees of the person to verify the age 04 of purchasers of cigarettes, cigars, tobacco, other products containing tobacco, 05 electronic smoking products, or products containing nicotine by means of a valid 06 government issued photographic identification; 07 (6) established and enforced disciplinary sanctions for noncompliance 08 with the written policy or the requirements of AS 11.76.100, 11.76.106, 11.76.107, 09 and 11.76.109; and 10 (7) monitored the compliance of the agents and employees of the 11 person with the written policy and the requirements of AS 11.76.100, 11.76.106, 12 11.76.107, and 11.76.109. 13 * Sec. 26. AS 43.70.075(w) is amended to read: 14 (w) For purposes of (m)(5) of this section, a conviction for a violation of 15 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 by the agent or employee of the 16 person who holds the business license endorsement is rebuttably presumed to 17 constitute proof of the fact that the agent or employee negligently sold a cigarette, a 18 cigar, or tobacco, a product containing tobacco, an electronic smoking product, or a 19 product containing nicotine to a person under 21 [19] years of age. The person who 20 holds the business license endorsement may overcome the presumption by 21 establishing by clear and convincing evidence that the agent or employee did not 22 negligently sell a cigarette, a cigar, or tobacco, a product containing tobacco, an 23 electronic smoking product, or a product containing nicotine to a person under 21 [19] 24 years of age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 as 25 alleged in the citation issued to the agent or employee. The presentation of evidence 26 authorized by this subsection does not constitute a collateral attack on the conviction 27 described in this subsection. 28 * Sec. 27. AS 47.12.030(b) is amended to read: 29 (b) When a minor is accused of violating a statute specified in this subsection, 30 other than a statute the violation of which is a felony, this chapter and the Alaska 31 Delinquency Rules do not apply and the minor accused of the offense shall be 01 charged, prosecuted, and sentenced in the district court in the same manner as an 02 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 03 subsection, the minor's parent, guardian, or legal custodian shall be present at all 04 proceedings; the provisions of this subsection apply when a minor is accused of 05 violating 06 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 07 a municipality; 08 (2) AS 11.76.105, relating to the possession of tobacco by a person 09 under 21 [19] years of age; 10 (3) a fish and game statute or regulation under AS 16; 11 (4) a parks and recreational facilities statute or regulation under 12 AS 41.21; 13 (5) [REPEALED] 14 (6) a municipal curfew ordinance, whether adopted under 15 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 16 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for 17 the violation of a municipal curfew ordinance, the court shall allow a defendant the 18 option of performing community work; the value of the community work, which may 19 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 20 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 21 or work that, on the recommendation of the municipal or borough assembly, city 22 council, or traditional village council of the defendant's place of residence, would 23 benefit persons within the municipality or village who are elderly or disabled. 24 * Sec. 28. AS 11.76.100(e) and 11.76.106(b)(4) are repealed. 25 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. The following sections apply to offenses committed on or after the 28 effective date of those sections: 29 (1) AS 11.76.100(a), as amended by sec. 1 of this Act; 30 (2) AS 11.76.100(b), as amended by sec. 2 of this Act; 31 (3) AS 11.76.105, as amended by sec. 3 of this Act; 01 (4) AS 11.76.106(a), as amended by sec. 4 of this Act; 02 (5) AS 11.76.106(b), as amended by sec. 5 of this Act; 03 (6) AS 11.76.109(a), as amended by sec. 6 of this Act; 04 (7) AS 11.76.109(b), as amended by sec. 7 of this Act; 05 (8) AS 11.76.109(d), as amended by sec. 8 of this Act; 06 (9) AS 11.76.109(g), as amended by sec. 9 of this Act; 07 (10) AS 43.50.325, enacted by sec. 16 of this Act; and 08 (11) AS 47.12.030(b), as amended by sec. 27 of this Act. 09 * Sec. 30. This Act takes effect January 1, 2022.