00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) am                                                                
01 "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco                                        
02 products."                                                                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 11.76.100(a) is amended to read:                                                                    
05  (a)  A person commits the offense of selling or giving tobacco to a minor if the                                      
06 person is 19 years of age or older and knowingly                                                                      
07   [(1)  NEGLIGENTLY] sells, exchanges, or gives a cigarette, a cigar,                                                  
08 tobacco, or a product containing tobacco to a person under 19 years of age [; OR                                        
09   (2)  MAINTAINS A VENDING MACHINE THAT DISPENSES                                                                      
10 CIGARETTES, CIGARS, TOBACCO, OR PRODUCTS CONTAINING TOBACCO].                                                           
11    * Sec. 2.  AS 11.76.100(d) is amended to read:                                                                       
12  (d)  A person who violates (a) of this section by selling, exchanging,                                              
13 [SELLING] or giving tobacco to a person under 19 years of age [MINOR] is guilty                                      
14 of a class B misdemeanor, except that, if within the five years preceding the                                           

01 offense, the person has previously been convicted under this subsection or a law                                        
02 or ordinance of this or another jurisdiction with elements substantially similar to                                     
03 this section, the person is guilty of a class A misdemeanor [A VIOLATION AND                                           
04 UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT LESS THAN $300].                                                         
05    * Sec. 3.  AS 11.76.107 is repealed and reenacted to read:                                                           
06  Sec. 11.76.107.  Restrictions of sales of tobacco and tobacco products.                                               
07 Except for sales of cigarettes by vending machine, a person may not knowingly sell                                      
08 cigarettes, cigars, tobacco, or a product containing tobacco unless the sale                                            
09   (1)  occurs in a manner that allows only the sales clerk to control access                                           
10 to the cigarettes, cigars, tobacco, or product containing tobacco prior to sale; or                                     
11   (2)  is a wholesale transaction and the person selling the cigarettes,                                               
12 cigars, tobacco, or products containing tobacco is licensed as a manufacturer or                                        
13 distributor under AS 43.50.010.                                                                                         
14    * Sec. 4.  AS 43.50.070 is amended to read:                                                                          
15  Sec. 43.50.070.  Revocation of licenses.  The department may suspend or                                               
16 revoke a license issued under AS 43.50.010 - 43.50.180 (1) for a knowing                                              
17 [CRIMINALLY NEGLIGENT] violation of AS 11.76.100, 11.76.107, or a violation                                           
18 of AS 43.50.010 - 43.50.180 or a regulation of the department adopted under                                             
19 AS 43.50.010 - 43.50.180; (2) if a licensee ceases to act in the capacity for which the                                 
20 license was issued; or (3) if a manufacturer, distributor, or wholesale distributor                                     
21 negligently sells tobacco or products containing tobacco to a nonlicensed retailer or a                                 
22 retailer whose license endorsement under AS 43.70.075 has been suspended.  A person                                     
23 whose license is suspended or revoked may not sell cigarettes or permit cigarettes to                                   
24 be sold during the period of the suspension or revocation on the premises occupied or                                   
25 controlled by that person.  A disciplinary proceeding or action is not barred or abated                                 
26 by the expiration, transfer, surrender, renewal, or extension of a license issued under                                 
27 AS 43.50.010 - 43.50.180.  The department shall comply with the provisions of the                                       
28 Administrative Procedure Act (AS 44.62).                                                                                
29    * Sec. 5.  AS 11.76.100(b) and 11.76.100(c) are repealed.                                                            
30    * Sec. 6.  LEGISLATIVE INTENT CONCERNING HB 159.  On the event that both this                                        
31 Act and a version of HB 159 pass the legislature during the same session of the Twentieth                               

01 Alaska State Legislature and become law, it is the intent of the legislature that both Acts be                          
02 given effect to the maximum extent possible.