SB 182 — An Act raising the minimum age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product; relating to the taxation of electronic smoking products; and providing for an effective date.
Last action — (S) Referred to FINANCE
-
✓Introduced
-
2In Committee
-
3Passed Senate
-
4Passed House
-
5To Executive
-
6Enacted
This bill died with 31st Legislature (2019-2020). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
14 added · 17 removedPlain-language change summary
The recent amendment to SB 182 raises the minimum age to purchase, sell, exchange, or possess tobacco and related products from 19 to 21 years. This change aims to improve public health and reduce youth access to tobacco products, especially considering growing concerns about the effects of smoking and vaping among younger populations. By establishing a higher age limit, the bill intends to help prevent addiction and its associated health risks among teenagers. Additionally, the bill clarifies provisions related to the taxation and sale of electronic smoking products.
Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2019 Session Laws & Resolves 2020 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills CSSBSB 182(L&C)182 Detail FullText txt CSSBSB 182(L&C):182:
relating to transporting tobacco, a product containing nicotine, or an electronic smoking product;
and providing for an effective date." CS FOR SENATE BILL NO.
182(L&C)182 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 transportingthe taxation 03 tobacco,of a product containing nicotine, or an electronic smoking product;products;
relatingand toproviding thefor an effective date." 04 taxationBE ofIT electronicENACTED smokingBY products;THE LEGISLATURE OF THE STATE OF ALASKA:
and providing for an effective date." 05 BE* ITSection ENACTED1. BY THE LEGISLATURE OF THE STATE OF ALASKA:
06 * Section 1.
0706 (a) A person commits the offense of selling or giving tobacco to a person 0807 under 21 years of age [MINOR] if the person 0908 (1) negligently sells a cigarette, a cigar, tobacco, or a product 1009 containing tobacco to a person under 21 [19] years of age;
1110 (2) is 21 [19] years of age or older and negligently exchanges or gives 1211 a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] 1312 years of age;
1413 (3) maintains a vending machine that dispenses cigarettes, cigars, 14 tobacco, or products containing tobacco;
or 02 (4) holds a business license endorsement under AS 43.70.075 and 0302 allows a person under 21 [19] years of age to sell a cigarette, a cigar, tobacco, or a 0403 product containing tobacco.
0504 * Sec.
0605 (b) Notwithstanding the provisions of (a) of this section, a person who 0706 maintains a vending machine is not in violation of (a)(3) of this section if the vending 0807 machine is located 0908 (1) on premises licensed as a beverage dispensary under AS 04.11.090, 1009 licensed as a club under AS 04.11.110, or licensed as a package store under 1110 AS 04.11.150;
and 1211 (A) as far as practicable from the primary entrance;
and 1312 (B) in a place that is directly and continually supervised by a 1413 person employed on the licensed premises during the hours the vending 1514 machine is accessible to the public;
or 1615 (2) in an employee break room or other controlled area of a private 1716 work place that is not generally considered a public place and the room or area 1817 contains a posted warning sign at least 11 inches by 14 inches indicating that 1918 possession of tobacco by a person under 21 [19] years of age is prohibited under 2019 AS 11.76.105.
2120 * Sec.
AS 11.76.100(e) is amended to read:
21 (e) The provisions of (a) of this section do not apply to a person who sells or 22 gives tobacco to a person under 21 years of age [MINOR,] if the person under 21 23 years of age [MINOR] is a prisoner at an adult correctional facility.
24 * Sec.
4.
2225 Sec.
Possession of tobacco, electronic smoking products, or 2326 products containing nicotine by a person under 21 years of age [MINOR].
(a) A 2427 person under 21 [19] years of age may not knowingly possess a cigarette, a cigar, 2528 tobacco, a product containing tobacco, an electronic smoking product, or a product 2629 containing nicotine in this state.
[THISThis SUBSECTIONsubsection DOESdoes NOTnot APPLYapply TOto A 27 PERSON WHO IS A PRISONER AT AN ADULT CORRECTIONAL FACILITY.] 28 (b) In a prosecutionperson underwho (a)is of this section for possession of an electronic 29 smoking product or a product30 containingprisoner nicotine,at it is an affirmativeadult defensecorrectional thatfacility. 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 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;
0531 (2)(b) In a prosecution under (a) of this section for possession of an electronic smoking product or a product containing nicotine, it is an affirmative defense that the 02 electronic smoking product or product containing nicotine possessed by the person 03 under 21 [19] years of age was intended or expected to be consumed without being marketed04 combusted, and soldthe forelectronic thesmoking product or product containing nicotine 05 (1) has been approved by the United States Food and Drug 06 Administration for sale as a tobacco use cessation or harm reduction product or for 07 other medical purposes;
and08 06(2) (3) was 07being (A)marketed prescribedand bysold afor healththe careapproved professional;purposes;
08and (B)09 given(3) towas the10 person(A) prescribed by thea person'shealth parentcare orprofessional; guardian;
0911 (C)(B) providedgiven byto athe state-approvedperson tobacco cessation program 10 administered by the Departmentperson's ofparent Healthor andguardian; Social Services;
or12 11(C) (D) provided by a pharmaciststate-approved totobacco acessation personprogram 1813 yearsadministered ofby agethe orDepartment 12of olderHealth withoutand aSocial prescription.Services;
13or (c)14 Possession(D) ofprovided tobacco,by an electronic smoking product, or a productpharmacist 14to containing nicotine by a person under18 21 years of age [MINOR]or is15 older without a violation.prescription.
1516 *(c) Sec.Possession of tobacco, an electronic smoking product, or a product 17 containing nicotine by a person under 21 years of age [MINOR] is a violation.
4.18 * Sec.
AS 11.76.106(b) is amended to read:
16 (b) Subsection (a) does not apply if the sale 17 (1) is by vending machine as provided under AS 11.76.100(b) or 18 11.76.109(f);
19 (2) is a wholesale transaction, the person is licensed as a manufacturer 20 or distributor under AS 43.50.010, and the sale occurs on premises where no retail 21 transactions occur;
22 (3) is by a retailer who sells primarily cigarettes, cigars, tobacco, 23 products containing tobacco, electronic smoking products, or products containing 24 nicotine and who restricts access to the premises to only those individuals who are 21 25 [19] years of age or older;
or 26 (4) is of electronic smoking products over the Internet to a person 21 27 [19] years of age or older.
28 * Sec.
Show all 222 changed lines (182 more)
AS 11.76.109(a)11.76.106(b) is amended to read:
2919 (a)(b) ASubsection person(a) commitsdoes thenot offenseapply ofif sellingthe orsale giving20 an(1) electronicis smokingby 30vending productmachine oras aprovided product containing nicotine to a person under 21AS years11.76.100(b) of age [MINOR] 31 if the person (1) negligently sells an electronic smoking product or a product 02 containing nicotine to a person under 21 [19]11.76.109(f); years of age;
0322 (2) is 21a [19]wholesale yearstransaction, ofthe ageperson oris olderlicensed andas negligentlya exchangesmanufacturer 23 or givesdistributor 04under anAS electronic43.50.010, smokingand productthe orsale aoccurs producton containingpremises nicotinewhere tono aretail person24 undertransactions 21occur; 05 [19] years of age;
0625 (3) maintainsis by a vendingretailer machinewho thatsells dispensesprimarily electroniccigarettes, smokingcigars, 07tobacco, 26 products containing tobacco, electronic smoking products, or products containing nicotine;27 nicotine and who restricts access to the premises to only those individuals who are 21 28 [19] years of age or older;
or 0829 (4) holdsis aof businesselectronic licensesmoking endorsementproducts underover ASthe 43.70.075Internet andto 09 allows a person under 21 30 [19] years of age to sell an electronic smoking product or aolder. 10 product containing nicotine.
1131 * Sec.
AS 11.76.109(b)11.76.109(a) is amended to read:
12(a) (b)A Theperson provisionscommits ofthe (a)offense of thisselling sectionor dogiving notan applyelectronic tosmoking the02 sale,product exchange, or 13a giftproduct containing nicotine to a person under 21 [19] years of age of[MINOR] an03 electronicif smokingthe productperson or04 a(1) 14negligently productsells containingan nicotine that is intended or expected to be consumed without being 15 combusted if the electronic smoking product or a product 05 containing nicotine 16to (1) has been approved by the United States Food and Drug 17 Administration for sale as a tobaccoperson useunder cessation21 or[19] harmyears reductionof productage; or for 18 other medical purposes;
1906 (2) is being21 marketed[19] years of age or older and soldnegligently solelyexchanges foror thegives approved07 purposes;an electronic smoking product or a product containing nicotine to a person under 21 08 [19] years of age;
and09 20 (3) ismaintains 21a (A)vending prescribedmachine bythat adispenses healthelectronic caresmoking professional;10 products or products containing nicotine;
22or (B)11 given(4) toholds a business license endorsement under AS 43.70.075 and 12 allows a person byunder the21 person's[19] parentyears of age to sell an electronic smoking product or legala guardian;13 product containing nicotine.
2314 (C)* providedSec. by a state-approved tobacco cessation program 24 administered by the Department of Health and Social Services;
or 25 (D) provided by a pharmacist to a person 18 years of age or 26 older without a prescription.
27 * Sec.
AS 11.76.109(d)11.76.109(b) is amended to read:
2815 (d)(b) NotwithstandingThe (a)(3)provisions of (a) of this section,section ado personnot whoapply maintainsto athe vendingsale, 29exchange, machineor is16 notgift into violationa ofperson (a)(3)under 21 [19] years of thisage sectionof ifan theelectronic vendingsmoking machineproduct isor locateda 3017 (1)product oncontaining premisesnicotine licensedthat asis aintended beverageor dispensaryexpected underto ASbe 04.11.090,consumed 31without licensedbeing as18 acombusted clubif underthe ASelectronic 04.11.110,smoking product or licensedproduct ascontaining anicotine package19 store(1) underhas ASbeen 04.11.150,approved by the United States Food and isDrug located20 02Administration (A)for sale as fara astobacco practicableuse fromcessation theor primaryharm entrance;reduction product or for 21 other medical purposes;
and22 03(2) (B) in a place that is directlybeing marketed and continuallysold supervisedsolely byfor a 04 person employed on the licensedapproved premisespurposes; during the hours the vending 05 machine is accessible to the public;
orand 0623 (2)(3) in an employee break room or other controlled area of a private 07 work place that is not24 generally(A) consideredprescribed a public place and the room or area 08 contains a posted warning sign at least 11 inches by 8.5 inches indicating that 09 possession of electronic smoking products or products containing nicotine by a personhealth 10care underprofessional; 21 [19] years of age without a prescription is prohibited under AS 11.76.109.
1125 *(B) Sec.given to a person by the person's parent or legal guardian;
26 (C) provided by a state-approved tobacco cessation program 27 administered by the Department of Health and Social Services;
or 28 (D) provided by a pharmacist to a person 18 years of age or 29 older without a prescription.
30 * Sec.
AS 11.76.109(g)11.76.109(d) is amended to read:
1231 (g)(d) SellingNotwithstanding or(a)(3) givingof anthis electronicsection, smokinga productperson orwho maintains a productvending containingmachine 13is nicotinenot toin violation of (a)(3) of this section if the vending machine is located 02 (1) on premises licensed as a personbeverage dispensary under 21AS years04.11.090, of03 agelicensed [MINOR]as isa club under AS 04.11.110, or licensed as a violationpackage and,store uponunder 1404 conviction,AS 04.11.150, and is punishablelocated by05 a(A) fineas offar notas lesspracticable thanfrom $300.the primary entrance;
15and *06 Sec.(B) in a place that is directly and continually supervised by a 07 person employed on the licensed premises during the hours the vending 08 machine is accessible to the public;
or 09 (2) in an employee break room or other controlled area of a private 10 work place that is not generally considered a public place and the room or area 11 contains a posted warning sign at least 11 inches by 8.5 inches indicating that 12 possession of electronic smoking products or products containing nicotine by a person 13 under 21 [19] years of age without a prescription is prohibited under AS 11.76.109.
14 * Sec.
AS 11.76.109(g) is amended to read:
15 (g) Selling or giving an electronic smoking product or a product containing 16 nicotine to a person under 21 years of age [MINOR] is a violation and, upon 17 conviction, is punishable by a fine of not less than $300.
18 * Sec.
10.
1619 (b) A person who is licensed under this chapter may not ship or cause to be 1720 shipped cigarettes to a person in this state unless the person receiving the cigarettes 1821 (1) is licensed under this chapter;
1922 (2) holds a business license endorsement under AS 43.70.075;
2023 (3) is an operator of a customs bonded warehouse under 19 U.S.C.
2124 1311 or 19 U.S.C.
2225 (4) is an instrumentality of the federal government or an Indian tribal 2326 organization authorized by law to possess cigarettes not taxed under this chapter;
or 2427 (5) is an individual 21 [19] years of age or older and the individual's 25 age was verified at the time of purchase by a third-party verification service, the 26 individual is receiving the 28 cigarettes for personal consumption,consumption and the tax imposed 27 on the cigarettes under this 29 chapter has been paid.
2830 * Sec.
10.
AS 43.50.105(c) is amended to read:
29 (c) A common or contract carrier may not knowingly transport cigarettes to a 30 person in this state unless the person 31 (1) shipping the cigarettes is licensed under this chapter and, before shipment, provides the common or contract carrier with a copy of the person's current 02 license issued by the department and 03 (A) an affidavit from the intended recipient certifying that the 04 person receiving the cigarettes is a person described under (b)(1) - (4) [(b)(1) - 05 (5)] of this section;
or 06 (B) the common or contract carrier verifies the age of the 07 recipient as 21 years of age or older before delivery;
or 08 (2) receiving the cigarettes is a person described under (a)(2) or (3) of 09 this section or is licensed under this chapter and, before receipt, provides the common 10 or contract carrier with a copy of the person's current license issued by the department.
11 * Sec.
1231 (c) The department may enter into an agreement with a municipality that 13 imposes a tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking 1402 products for the purpose of jointly auditing a person liable for a tax under 1503 AS 43.50.010 - 43.50.390 and the municipal tax on cigarettes, [OR OTHER] tobacco 1604 products, or electronic smoking products.
In this subsection, "electronic smoking 1705 product" has the meaning given in AS 43.50.390.
1806 * Sec.
1907 Sec.
An excise tax is levied on tobacco products 2008 and electronic smoking products in the state at the rate of 75 percent of the 2109 wholesale price of the [TOBACCO] products.
The tax is levied when a person 2210 (1) brings, or causes to be brought, a tobacco product or electronic 2311 smoking product into the state from outside the state for sale;
2412 (2) makes, manufactures, or fabricates a tobacco product or electronic 2513 smoking product in the state for sale in the state;
or 2614 (3) ships or transports a tobacco product or electronic smoking 2715 product to a retailer in the state for sale by the retailer.
2816 * Sec.
2917 (b) The tax does not apply to a 3018 (1) tobacco product if the United States Constitution or other federal 3119 laws prohibit the levying of the tax on the product by the state;
or 20 (2) an electronic smoking product 0221 (A) that is subject to taxation under AS 43.61.010 - 0322 43.61.030 and that does not contain nicotine;
0423 (B) approved for sale by the United States Food and Drug 0524 Administration as a drug, drug product, including a drug product used to 0625 treat tobacco dependence, or combination product under 21 U.S.C.
301 - 0726 392 (Federal Food, Drug, and Cosmetic Act);
0827 (C) if the United States Constitution or other federal laws 0928 prohibit the levying of the tax on the product by the state.
1029 * Sec.
1130 (a) Except as provided in (g) of this section, a person must be licensed by the 1231 department if the person engages in business as a distributor for a tobacco product or 13 electronic smoking product that is subject to the tax.
1402 * Sec.
AS 43.50 is amended by adding a new section to read:
15 Sec.
43.50.325.
Restrictions on shipping or transporting tobacco products 16 and electronic smoking products.
(a) A person who is not licensed under this chapter 17 may not ship or cause to be shipped a tobacco product or electronic smoking product 18 to a person in this state unless the person receiving the tobacco product or electronic 19 smoking product is 20 (1) licensed under this chapter;
21 (2) an operator of a customs bonded warehouse under 19 U.S.C.
1311 22 or 19 U.S.C.
1555;
or 23 (3) an instrumentality of the federal government or an Indian tribal 24 organization authorized by law to possess tobacco products or electronic smoking 25 products not taxed under this chapter.
26 (b) A person who is licensed under this chapter may not ship or cause to be 27 shipped a tobacco product or electronic smoking product to a person in this state 28 unless the person receiving the tobacco product or electronic smoking product 29 (1) is licensed under this chapter;
30 (2) holds a business license endorsement under AS 43.70.075;
31 (3) is an operator of a customs bonded warehouse under 19 U.S.C.
1311 or 19 U.S.C.
1555;
02 (4) is 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;
or 05 (5) is an individual 21 years of age or older and the individual's age 06 was verified at the time of purchase though a third-party verification service, the 07 individual is receiving the tobacco product or electronic smoking product for personal 08 consumption, and the tax imposed on the tobacco product or electronic smoking 09 product under this chapter has been paid.
10 (c) A common or contract carrier may not knowingly transport a tobacco 11 product or electronic smoking product to a person in this state unless the person 12 (1) shipping the tobacco product or electronic smoking product is 13 licensed under this chapter and, before shipment, provides the common or contract 14 carrier with a copy of the person's current license issued by the department and 15 (A) an affidavit from the intended recipient certifying that the 16 person receiving the tobacco product or electronic smoking product is a person 17 described under (b)(1) - (4) of this section;
or 18 (B) the common or contract carrier verifies the age of the 19 recipient as 21 years of age or older before delivery;
or 20 (2) receiving the tobacco product or electronic smoking product is a 21 person described under (a)(2) or (3) of this section or is licensed under this chapter 22 and, before receipt, provides the common or contract carrier with a copy of the 23 person's current license issued by the department.
24 (d) If a tobacco product or electronic smoking product is transported by a 25 common or contract carrier to a home or residence, it is rebuttably presumed that the 26 common or contract carrier knew that the recipient of the tobacco product or electronic 27 smoking product was not a person described under (b)(1) - (5) of this section, unless 28 the person shipping the tobacco product or electronic smoking product has satisfied 29 the requirements in (c)(1) of this section.
30 (e) A person, other than a common or contract carrier, may not knowingly 31 transport a tobacco product or electronic smoking product to a person in this state, unless the recipient of the tobacco product or electronic smoking product is a person 02 described under (b)(1) - (5) of this section.
03 (f) A person who ships or causes to be shipped a tobacco product or electronic 04 smoking product to a person in this state shall plainly and visibly mark the container 05 or wrapping with the words "tobacco product" or "electronic smoking product" or 06 both, as applicable, if the tobacco product or electronic smoking product is shipped in 07 a container or wrapping other than the manufacturer's original container or wrapping 08 of the tobacco product or electronic smoking product.
09 (g) A person who violates the provisions of this section is guilty of a class A 10 misdemeanor if the person unlawfully ships, causes to be shipped, or transports a 11 tobacco product or electronic smoking product.
12 (h) In addition to the criminal penalty under (g) of this section, the department 13 may assess a civil fine of not more than $5,000 for each violation of this section.
14 (i) A person who violates the provisions of this section is jointly and severally 15 liable for the taxes imposed by AS 43.50.090 and 43.50.190.
To the fullest extent 16 permitted by the Constitution of the United States, a person who violates the 17 provisions of this section is required to collect the taxes and pay them to the 18 department.
19 * Sec.
16.
2003 (a) On or before the last day of each calendar month, a licensee shall file a 2104 return with the department.
The return must state the number or amount of tobacco 2205 products and electronic smoking products sold by the licensee during the preceding 2306 calendar month, the selling price of the tobacco products and electronic smoking 2407 products, and the amount of tax imposed on the tobacco products and electronic 2508 smoking products.
2609 * Sec.
17.16.
2710 Sec.
The department shall adopt 2811 procedures for a refund or credit to a licensee of the tax paid for tobacco products or 2912 electronic smoking products that have become unfit for sale, are destroyed, or are 3013 returned to the manufacturer for credit or replacement if the licensee provides proof 3114 acceptable to the department that the tobacco products or electronic smoking 15 products have not been and will not be consumed in this state.
0216 * Sec.
18.17.
0317 Sec.
A licensee shall keep a complete and accurate record 0418 of all tobacco products and electronic smoking products of the licensee subject to 0519 the tax, including purchase prices, sales prices, the names and addresses of the sellers 0620 and the purchasers, the dates of delivery, the quantities of tobacco products and 0721 electronic smoking products, and the trade names and brands.
Statements and 0822 records required by this section must be in the form prescribed by the department, 0923 preserved for three years, and available for inspection upon demand by the 1024 department.
1125 * Sec.
19.18.
1226 (1) "distributor" means a person who 1327 (A) brings, or causes to be brought, a tobacco product or 1428 electronic smoking product into the state from outside the state for sale;
1529 (B) makes, manufactures, or fabricates a tobacco product or 1630 electronic smoking product in the state for sale in the state;
or 1731 (C) ships or transports a tobacco product or electronic 18 smoking product to a retailer in the state for sale by the retailer;
1902 * Sec.
20.19.
2003 (5) "wholesale price" means 2104 (A) the established price for which a manufacturer sells a 2205 tobacco product or electronic smoking product to a distributor after 2306 deduction of a discount or other reduction received by the distributor for 2407 quantity or cash if the manufacturer's established price is adequately supported 2508 by bona fide arm's length sales as determined by the department;
or 2609 (B) the price, as determined by the department, for which 2710 tobacco products or electronic smoking products of comparable retail price 2811 are sold to distributors in the ordinary course of trade if the manufacturer's 2912 established price does not meet the standards of (A) of this paragraph.
3013 * Sec.
21.20.
3114 (6) "electronic smoking product" means a 15 (A) component, solution, vapor product, or other related 0216 product that is manufactured and sold for use in an electronic cigarette, 0317 electronic cigar, electronic cigarillo, electronic pipe, or other similar device for 0418 the purpose of delivering nicotine or other substances to the person inhaling;
0519 (B) product under (A) of this paragraph that is sold as part of a 0620 disposable integrated unit containing a power source and delivery system or as 0721 a kit containing a refillable electronic smoking system and power source.
0822 * Sec.
22.21.
0923 (f) A person who holds a license endorsement issued under this section shall 1024 post on the licensed premises a warning sign as described in this subsection.
A 1125 warning sign required by this subsection must be at least 8.5 inches by 11 inches and 1226 must read:
"The sale of electronic smoking products or products containing nicotine 1327 without a prescription or tobacco products to persons under age 21 [19] is illegal." A 1428 person holding an endorsement issued under this section shall display the warning sign 1529 in a manner conspicuous to a person purchasing or consuming tobacco products, 1630 electronic smoking products, or products containing nicotine on the licensed premises.
1731 The department shall make available the warning signs required under this section to a 18 person who holds an endorsement issued under this section or a person who requests 1902 the sign with the intention of displaying it.
03 * Sec.
22.
AS 43.70.075(m) is amended to read:
04 (m) The department may initiate suspension of a business license endorsement 05 or the right to obtain a business license endorsement under this section by sending the 06 person subject to the suspension a notice by certified mail, return receipt requested, or 07 by delivering the notice to the person.
The notice must contain information that 08 informs the person of the grounds for suspension, the length of any suspension sought, 09 and the person's right to administrative review.
A suspension begins 30 days after 10 receipt of notice described in this subsection unless the person delivers a timely 11 written request for a hearing to the department in the manner provided by regulations 12 of the department.
If a hearing is requested under this subsection, an administrative 13 law judge of the office of administrative hearings (AS 44.64.010) shall determine the 14 issues by using the preponderance of the evidence test and shall, to the extent they do 15 not conflict with regulations adopted under AS 44.64.060, conduct the hearing in the 16 manner provided by regulations of the department.
A hearing under this subsection is 17 limited to the following questions:
18 (1) was the person holding the business license endorsement, or an 19 agent or employee of the person while acting within the scope of the agency or 20 employment of the person, convicted by plea or judicial finding of violating 21 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
22 (2) if the department does not allege a conviction of AS 11.76.100, 23 11.76.106, 11.76.107, or 11.76.109, did the person, or an agent or employee of the 24 person while acting within the scope of the agency or employment of the person, 25 violate a provision of (a) or (g) of this section;
26 (3) within the 24 months before the date of the department's notice 27 under this subsection, was the person, or an agent or employee of the person while 28 acting within the scope of the agency or employment of the person, convicted of 29 violating AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 or adjudicated for 30 violating a provision of (a) or (g) of this section;
31 (4) did the person holding the business license endorsement establish that the person holding the business license endorsement had adopted and enforced an 02 education, a compliance, and a disciplinary program for agents and employees of the 03 person as provided in (t) of this section;
04 (5) did the person holding the business license endorsement overcome 05 the rebuttable presumption established in (w) of this section;
06 (6) within five years before the date of the violation that is the subject 07 of the hearing, did the department establish that the person holding the business 08 license endorsement 09 (A) previously violated (a) or (g) of this section;
10 (B) previously violated AS 11.76.100, 11.76.106, 11.76.107, or 11 11.76.109 at a location or outlet in a location for which the person holds a 12 business license endorsement, or had an agent or employee previously violate 13 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
this subparagraph does not 14 apply to a prior conviction that served to enhance a suspension period under 15 (d)(2) - (4) of this section;
or 16 (C) engaged at a location owned by the person in other conduct 17 that was or is likely to result in the sale of tobacco, electronic smoking 18 products, or products containing nicotine to a person under 21 [19] years of 19 age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109.
AS 43.70.075(m) is amended to read:
21 (m) The department may initiate suspension of a business license endorsement 22 or the right to obtain a business license endorsement under this section by sending the 23 person subject to the suspension a notice by certified mail, return receipt requested, or 24 by delivering the notice to the person.
The notice must contain information that 25 informs the person of the grounds for suspension, the length of any suspension sought, 26 and the person's right to administrative review.
A suspension begins 30 days after 27 receipt of notice described in this subsection unless the person delivers a timely 28 written request for a hearing to the department in the manner provided by regulations 29 of the department.
If a hearing is requested under this subsection, an administrative 30 law judge of the office of administrative hearings (AS 44.64.010) shall determine the 31 issues by using the preponderance of the evidence test and shall, to the extent they do not conflict with regulations adopted under AS 44.64.060, conduct the hearing in the 02 manner provided by regulations of the department.
A hearing under this subsection is 03 limited to the following questions:
04 (1) was the person holding the business license endorsement, or an 05 agent or employee of the person while acting within the scope of the agency or 06 employment of the person, convicted by plea or judicial finding of violating 07 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
08 (2) if the department does not allege a conviction of AS 11.76.100, 09 11.76.106, 11.76.107, or 11.76.109, did the person, or an agent or employee of the 10 person while acting within the scope of the agency or employment of the person, 11 violate a provision of (a) or (g) of this section;
12 (3) within the 24 months before the date of the department's notice 13 under this subsection, was the person, or an agent or employee of the person while 14 acting within the scope of the agency or employment of the person, convicted of 15 violating AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 or adjudicated for 16 violating a provision of (a) or (g) of this section;
17 (4) did the person holding the business license endorsement establish 18 that the person holding the business license endorsement had adopted and enforced an 19 education, a compliance, and a disciplinary program for agents and employees of the 20 person as provided in (t) of this section;
21 (5) did the person holding the business license endorsement overcome 22 the rebuttable presumption established in (w) of this section;
23 (6) within five years before the date of the violation that is the subject 24 of the hearing, did the department establish that the person holding the business 25 license endorsement 26 (A) previously violated (a) or (g) of this section;
27 (B) previously violated AS 11.76.100, 11.76.106, 11.76.107, or 28 11.76.109 at a location or outlet in a location for which the person holds a 29 business license endorsement, or had an agent or employee previously violate 30 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
this subparagraph does not 31 apply to a prior conviction that served to enhance a suspension period under (d)(2) - (4) of this section;
or 02 (C) engaged at a location owned by the person in other conduct 03 that was or is likely to result in the sale of tobacco, electronic smoking 04 products, or products containing nicotine to a person under 21 [19] years of 05 age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109.
06 * Sec.
24.
0721 (t) Based on evidence provided at the hearing under (m)(4) - (6) of this 0822 section, the department may reduce the license suspension period under (d) of this 0923 section if the person holding the business license endorsement establishes that, before 1024 the date of the violation, the person had 1125 (1) adopted and enforced a written policy against selling cigarettes, 1226 cigars, tobacco, products containing tobacco, electronic smoking products, or products 1327 containing nicotine to a person under 21 [19] years of age in violation of 1428 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
1529 (2) informed the person's agents and employees of the applicable laws 1630 and their requirements and conducted training on complying with the laws and 1731 requirements;
18 (3) required each agent and employee of the person to sign a form 1902 stating that the agent and employee has been informed of and understands the written 2003 policy and the requirements of AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109;
2104 (4) determined that the agents and employees of the person had 2205 sufficient experience and ability to comply with the written policy and requirements of 2306 AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109;
2407 (5) required the agents and employees of the person to verify the age 2508 of purchasers of cigarettes, cigars, tobacco, other products containing tobacco, 2609 electronic smoking products, or products containing nicotine by means of a valid 2710 government issued photographic identification;
2811 (6) established and enforced disciplinary sanctions for noncompliance 2912 with the written policy or the requirements of AS 11.76.100, 11.76.106, 11.76.107, 3013 and 11.76.109;
and 3114 (7) monitored the compliance of the agents and employees of the 15 person with the written policy and the requirements of AS 11.76.100, 11.76.106, 0216 11.76.107, and 11.76.109.
0317 * Sec.
25.24.
0418 (w) For purposes of (m)(5) of this section, a conviction for a violation of 0519 AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 by the agent or employee of the 0620 person who holds the business license endorsement is rebuttably presumed to 0721 constitute proof of the fact that the agent or employee negligently sold a cigarette, a 0822 cigar, or tobacco, a product containing tobacco, an electronic smoking product, or a 0923 product containing nicotine to a person under 21 [19] years of age.
The person who 1024 holds the business license endorsement may overcome the presumption by 1125 establishing by clear and convincing evidence that the agent or employee did not 1226 negligently sell a cigarette, a cigar, or tobacco, a product containing tobacco, an 1327 electronic smoking product, or a product containing nicotine to a person under 21 [19] 1428 years of age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 as 1529 alleged in the citation issued to the agent or employee.
The presentation of evidence 1630 authorized by this subsection does not constitute a collateral attack on the conviction 1731 described in this subsection.
18 * Sec.
26.25.
1902 (b) When a minor is accused of violating a statute specified in this subsection, 2003 other than a statute the violation of which is a felony, this chapter and the Alaska 2104 Delinquency Rules do not apply and the minor accused of the offense shall be 2205 charged, prosecuted, and sentenced in the district court in the same manner as an 2306 adult;
if a minor is charged, prosecuted, and sentenced for an offense under this 2407 subsection, the minor's parent, guardian, or legal custodian shall be present at all 2508 proceedings;
the provisions of this subsection apply when a minor is accused of 2609 violating 2710 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 2811 a municipality;
2912 (2) AS 11.76.105, relating to the possession of tobacco by a person 3013 under 21 [19] years of age;
3114 (3) a fish and game statute or regulation under AS 16;
15 (4) a parks and recreational facilities statute or regulation under 0216 AS 41.21;
0317 (5) [REPEALED] 0418 (6) a municipal curfew ordinance, whether adopted under 0519 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 0620 ordinance under AS 29.25.070(b) by the municipality;
in place of any fine imposed for 0721 the violation of a municipal curfew ordinance, the court shall allow a defendant the 0822 option of performing community work;
the value of the community work, which may 0923 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c);
1024 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 1125 or work that, on the recommendation of the municipal or borough assembly, city 1226 council, or traditional village council of the defendant's place of residence, would 1327 benefit persons within the municipality or village who are elderly or disabled.
1428 * Sec.
27.26.
AS 11.76.100(e) is repealed.
15 * Sec.
28.
Show all 222 changed rows (182 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill raises the minimum age for purchasing, possessing, and associating with tobacco and nicotine products from 19 to 21 years.
-
AS 11.76.100(a)
under 19 years of age→ under 21 years of ageThis change raises the minimum age from 19 to 21 for selling or giving tobacco products to minors.
-
AS 11.76.100(b)
under 19 years of age→ under 21 years of ageThis change raises the minimum age from 19 to 21 for a person to be supervised while accessing a vending machine that dispenses tobacco.
-
AS 11.76.105(a)
under 19 years of age→ under 21 years of ageThis change prohibits possession of tobacco and nicotine products for individuals under 21 instead of 19.
-
AS 11.76.105(c)
MINOR→ under 21 years of ageThis clarifies the term 'minor' to now reflect that individuals under 21 cannot possess tobacco products.
-
AS 11.76.109(a)
under 19 years of age→ under 21 years of ageThis change raises the minimum age from 19 to 21 for selling or giving electronic smoking products or nicotine products.
-
AS 11.76.109(b)
under 19 years of age→ under 21 years of ageThis change clarifies that the age for special exemptions for electronic smoking products now also applies to individuals under 21.
-
AS 11.76.109(g)
MINOR→ under 21 years of ageThis specifies that violations for selling to minors now pertain to individuals under 21.
Action History
-
(S) Referred to FINANCE
-
(S) FN4: ZERO(LAW)
-
(S) FN3: (REV)
-
(S) FN2: ZERO(DHS)
-
(S) FN1: ZERO(CED)
-
(S) NR: REVAK
-
(S) DP: BISHOP, GRAY-JACKSON, STEVENS
-
(S) L&C RPT CS 3DP 1NR NEW TITLE
-
(S) Minutes (SL&C)
-
(S) Moved CSSB 182(L&C) Out of Committee
-
(S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)
-
(S) Minutes (SL&C)
-
(S) Heard & Held
-
(S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)
-
(S) COSPONSOR(S): GIESSEL
-
(S) Minutes (SL&C)
-
(S) Heard & Held
-
(S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)
-
(S) COSPONSOR(S): BEGICH, GRAY-JACKSON
-
(S) L&C, FIN
-
(S) Read the first time - REFERRALS
Sponsors
- Begich · Cosponsor
- Elvi Gray-Jackson · Cosponsor
- Cathy Giessel · Cosponsor
- Gary Stevens · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 61 not signed on
Sponsors (1)
Co-sponsors (3)
- Begich
- Elvi Gray-Jackson D
- Cathy Giessel R
Not signed on (61)
61 members have not signed on to this bill.
Show all 61 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 182?
- SB 182 is sponsored by Begich, Elvi Gray-Jackson (D), Cathy Giessel (R), and Gary Stevens (R).
- What is the current status of SB 182?
- This bill died with 31st Legislature (2019-2020). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 182?
- Track SB 182 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 182
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 182
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →