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