Enrolled SB 15: 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.
00Enrolled 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.