Alaska 32nd Legislature (2021-2022) Status: To Executive 1 R cosponsors

SB 45 — An Act raising the minimum age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product; relating to selling a tobacco product; relating to possession of tobacco, electronic smoking products, or products containing nicotine by an underaged person; relating to the definition of 'nicotine'; relating to transporting tobacco, a product containing nicotine, or an electronic smoking product; relating to the taxation of electronic smoking products; relating to electronic smoking products; relating to the marketing of electronic smoking products; relating to tobacco products; and providing for an effective date.

Last action — (S) VETOED BY GOVERNOR 9/8/22

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 32nd Legislature (2021-2022). It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

523 added · 511 removed

Plain-language change summary

The recent amendments to SB 45 raise the minimum age to purchase or possess tobacco and electronic smoking products from 19 to 21 years old. This change is important because it aims to limit access to these products among younger individuals, potentially reducing health risks associated with early tobacco use. Additionally, the updated language clarifies legal responsibilities related to the sale and distribution of these products, reinforcing the law's intent to protect public health, particularly for minors.

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32-LS0311\B SENATE BILL NO.
LAWS OF ALASKA Source Chapter No.
45 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY SENATOR STEVENS Introduced:
HCS CSSB 45(FIN) am H _______ AN ACT Raising the minimum age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product;
1/25/21 Referred:
relating to selling a tobacco product;
Labor & Commerce, Finance A BILL FOR AN ACT ENTITLED "An Act raising the minimum age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product;
relating to possession of tobacco, electronic smoking products, or products containing nicotine by an underaged person;
relating to the definition of ''nicotine'';
and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
relating to electronic smoking products;
* Section 1.
relating to the marketing of electronic smoking products;
relating to tobacco products;
and providing for an effective date.
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1 Enrolled SB 45 AN ACT Raising the minimum age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product;
relating to selling a tobacco product;
relating to possession of tobacco, electronic smoking products, or products containing nicotine by an underaged person;
relating to the definition of ''nicotine'';
relating to transporting tobacco, a product containing nicotine, or an electronic smoking product;
relating to the taxation of electronic smoking products;
relating to electronic smoking products;
relating to the marketing of electronic smoking products;
relating to tobacco products;
and providing for an effective date.
_______________ * Section 1.
(a) A person commits the offense of selling or giving tobacco to a person under 21 years of age [MINOR] if the person (1) negligently sells a cigarette, a cigar, tobacco, or a pruodt containing tobacco to a person under 21 [19] years of age;
(a) A person commits the offense of selling or giving tobacco to an underaged person [A MINOR] if the person -1- Enrolled SB 45 (1) negligently sells a cigarette, a cigar, tobacco, or aodtu containing tobacco to a person under 21 [19] years of age;
(2) is 21 [19] years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] years of age;
(2) is 21 [19] years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;
(3) maintains a vending machine that dispenses cigarettes, cigars, SB0045A -1- SB 45 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B tobacco, or products containing tobacco;
(3) maintains a vending machine that dispenses cigarettes, cigars, tobacco, or products containing tobacco;
AS 11.76.100(b) is amended to read:
(b) Notwithstanding the provisions of (a) of this section, a person who maintains a vending machine is not in violation of (a)(3) of this section if the vending machine is located (1) on premises licensed as a beverage dispensary under AS 04.11.090, licensed as a club under AS 04.11.110, or licensed as a package store under AS 04.11.150;
and (A) as far as practicable from the primary entrance;
and (B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public;
or (2) in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 14 inches indicating that possession of tobacco by a person under 21 [19] years of age is prohibited under AS 11.76.105.
* Sec.
3.
Possession of tobacco, electronic smoking products, or products containing nicotine by a person under 21 years of age [MINOR].
Possession of tobacco, electronic smoking products, or products containing nicotine by a person under 19 years of age [MINOR].
(a) A person under 21 [19] years of age may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine in this state.
(a) A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine in this state.
[THIS SUBSECTION DOES NOT APPLY TO A PERSON WHO IS A PRISONER AT AN ADULT CORRECTIONAL FACILITY.] (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 electronic smoking product or product containing nicotine possessed by the person under 21 [19] years of age was intended or expected to be consumed without being SB 45 -2- SB0045A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B combusted, and the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes;
[THIS SUBSECTION DOES NOT APPLY TO A P RSON WHO IS A PRISONER AT AN ADULT CORRECTIONAL FACILITY.] (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 electronic smoking product or product containing nicotine possessed by the person under 19 years of age was intended or expected to be consumed without being combusted, and the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product or for other medical purposes;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health and Social Services;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health ;
or (D) provided by a pharmacist to a person 18 years of age or older without a prescription.
or Enrolled SB 45 -2- (D) provided by a pharmacist to a person 18 years of age or older without a prescription.
(c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a person under 21 years of age [MINOR] is a violation.
(c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a person under 19 years of age [MINOR] is a violation punishable by a fine of not more than $150.
4.
3.
AS 11.76.106(a) is amended to read:
AS 11.76.105 is amended by adding a new subsection to read:
(a) Except as provided under (b) of this section, a person may not sell cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine (1) unless the sale occurs in a manner that allows only the sales clerk to control access to the cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine;
(d) The supreme court shall establish by rule or order a schedule of bail amounts that may be forfeited without court appearance for a violation of this section.
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(2) over the Internet to an individual for the individual's personal consumption.
5.
4.
(b) Paragraph (a)(1) of this section [SUBSECTION (a)] does not apply if the sale (1) is by vending machine as provided under AS 11.76.100(b) or 11.76.109(f);
(b) Subsection (a) does not apply if the sale (1) is by vending machine as provided under AS 11.76.100(b) or 11.76.109(d);
SB0045A -3- SB 45 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B (3) is by a retailer who sells primarily cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine and who restricts access to the premises to only those individuals who are 21 [19] years of age or older;
(3) is by a retailer who sells primarily cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine and who restricts access to the premises to only those individuals who are 21 [19] years of age or older;
or (4) is of electronic smoking products over the Internet to a person 19 years of age or older.
or (4) is of electronic smoking products over the Internet to a person 21 [19] years of age or older.
6.
5.
(a) A person commits the offense of selling or giving an electronic smoking product or a product containing nicotine to a person under 21 years of age [MINOR] if the person (1) negligently sells an electronic smoking product or a product containing nicotine to a person under 21 [19] years of age;
(a) A person commits the offense of selling or giving an electronic smoking product or a product containing nicotine to an underaged person [A MINOR] if the person (1) negligently sells an electronic smoking product or a product containing nicotine to a person under 21 [19] years of age;
(2) is 21 [19] years of age or older and negligently exchanges or gives an electronic smoking product or a product containing nicotine to a person under 21 [19] years of age;
(2) is 21 [19] years of age or older and negligently exchanges or gives an electronic smoking product or a product containing nicotine to a person under 19 years of age;
(3) maintains a vending machine that dispenses electronic smoking products or products containing nicotine;
(3) maintains a vending machine that dispenses electronic smoking -3- Enrolled SB 45 products or products containing nicotine;
7.
6.
(b) The provisions of (a) of this section do not apply to the sale, exchange, or gift to a person under 21 [19] years of age of an electronic smoking product or a product containing nicotine that is intended or expected to be consumed without being combusted if the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes;
(b) The provisions of (a) of this section do not apply to the sale, exchange, or gift [TO A PERSON UNDER 19 YEARS OF AGE] of an electronic smoking product or a product containing nicotine that is intended or expected to be consumed without being combusted if the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product or for other medical purposes;
SB 45 -4- SB0045A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B (B) given to a person by the person's parent or legal guardian;
(B) given to a person by the person's parent or legal guardian;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health and Social Services;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health ;
8.
7.
or (2) in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 8.5 inches indicating that possession of electronic smoking products or products containing nicotine by a person under 21 [19] years of age without a prescription is prohibited under AS 11.76.109.
or (2) in an employee break room or other controlled area of a private Enrolled SB 45 -4- work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 8.5 inches indicating that possession of electronic smoking products or products containing nicotine by a person under 19 years of age without a prescription is prohibited under AS 11.76.105 [AS 11.76.109].
9.
8.
(g) Selling or giving an electronic smoking product or a product containing nicotine to a person under 21 years of age [MINOR] is a violation and, upon conviction, is punishable by a fine of not less than $300.
(g) Selling or giving an electronic smoking product or a product containing nicotine to an underaged person [A MINOR] is a violation and, upon conviction, is punishable by a fine of not less than $300.
9.
AS 11.81.900(b) is amended by adding a new paragraph to read:
(69) "nicotine" includes a chemical or chemical compound intended, when introduced into the human body, to mimic or simulate the effect of nicotine from tobacco.
* Sec.
SB0045A -5- SB 45 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B (4) is an instrumentality of the federal government or an Indian tribal organization authorized by law to possess cigarettes not taxed under this chapter;
(4) is an instrumentality of the federal government or an Indian tribal organization authorized by law to possess cigarettes not taxed under this chapter;
(c) A common or contract carrier may not knowingly transport cigarettes to a person in this state unless the person (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 license issued by the department and (A) an affidavit from the intended recipient certifying that the person receiving the cigarettes is a person described under (b)(1) - (4) [(b)(1) - (5)] of this section;
(c) A common or contract carrier may not knowingly transport cigarettes to a person in this state unless the person (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 -5- Enrolled SB 45 license issued by the department and (A) an affidavit from the intended recipient certifying that the person receiving the cigarettes is a person described under (b)(1) - (4) [(b)(1) - (5)] of this section;
(c) The department may enter into an agreement with a municipa lity that imposes a tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking products for the purpose of jointly auditing a person liable for a tax under AS 43.50.010 - 43.50.390 and the municipal tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking products.
(c) The department may enter into an agreement with a municility that imposes a tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking products for the purpose of jointly auditing a person liable for a tax under AS 43.50.010 - 43.50.390 and the municipal tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking products.
An excise tax is levied on tobacco products and electronic smoking products in the state at the rate of 75 percent of the wholesale price of the [TOBACCO] products.
An excise tax is levied on tobacco products and electronic smoking products in the state.
The tax is levied when a person SB 45 -6- SB0045A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B (1) brings, or causes to be brought, a tobacco product or electronic smoking product into the state from outside the state for sale;
The tax is (1) [AT THE RATE OF] 75 percent of the wholesale price of [THE] tobacco products;
(2) 35 percent of the wholesale price of (A) a closed-system electronic smoking product;
(B) a vapor product sold as part of an open-system electronic smoking product;
(C) a vapor product sold separately from a closed- or open- system electronic smoking product.
[THE TAX IS LEVIED WHEN A PERSON (1) BRINGS, OR CAUSES TO BE BROUGHT, A TOBACCO PRODUCT INTO THE STATE FROM OUTSIDE THE STATE FOR SALE;
(2) MAKES, MANUFACTURES, OR FABRICATES A TOBACCO Enrolled SB 45 -6- PRODUCT IN THE STATE FOR SALE IN THE STATE;
OR (3) SHIPS OR TRANSPORTS A TOBACCO PRODUCT TO A RETAILER IN THE STATE FOR SALE BY THE RETAILER.] * Sec.
14.
AS 43.50.300 is amended by adding new subsections to read:
(b) The tax under (a) of this section is levied when a person (1) brings, or causes to be brought, a tobacco product or electronic smoking product into the state from outside the state for sale;
(c) In this section, (1) "closed-system electronic smoking product" means a nonrefillable electronic smoking product;
(2) "open-system electronic smoking product" means a refillable electronic smoking product.
14.
15.
(b) The tax does not apply to a (1) tobacco product if the United States Constitution or other federal laws prohibit the levying of the tax on the product by the state;
(b) The tax does not apply to (1) a tobacco product if the United States Constitution or other federal laws prohibit the levying of the tax on the product by the state;
or (2) an electronic smoking product (A) that is subject to taxation under AS 43.61.010 - 43.61.030 and that does not contain nicotine;
(2) an electronic smoking product (A) approved for sale by the United States Food and Drug Administration as a drug, drug product, including a drug product used to treat tobacco dependence, or combination product under 21 U.S.C.
(B) approved for sale by the United States Food and Drug Administration as a drug, drug product, including a drug product used to treat tobacco dependence, or combination product under 21 U.S.C.
(C) if the United States Constitution or other federal laws prohibit the levying of the tax on the product by the state.
(B) if the United States Constitution or other federal laws prohibit the levying of the tax on the product by the state;
(C) designed, marketed, and sold for the purpose of vaporizing or aerosolizing marijuana, marijuana products, hemp, or hemp products;
for purposes of meeting the requirements of this subparagraph, the department shall accept a notarized affidavit from the -7- Enrolled SB 45 seller attesting to the intended use of the product;
or (3) marijuana, marijuana products, hemp, or hemp products if the marijuana, marijuana product, hemp, or hemp product does not contain nicotine.
15.
16.
AS 43.50.310 is amended by adding a new subsection to read:
(c) In this section, (1) "hemp" and "hemp products" mean hemp or a hemp product produced by an individual registered under AS 03.05.076;
(2) "marijuana" and "marijuana products" have the meanings given in AS 17.38.900.
* Sec.
17.
16.
18.
AS 43.50.320 is amended by adding a new subsection to read:
(i) A person licensed under this section may not (1) distribute an electronic smoking product designed or packaged so as not to be clearly recognizable as a tobacco product;
or (2) market an electronic smoking product, including a flavored electronic smoking product, in a manner likely to promote use of the electronic smoking product by a person under 21 years of age.
* Sec.
19.
1311 SB0045A -7- SB 45 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B or 19 U.S.C.
1311 or 19 U.S.C.
or (3) an instrumentality of the federal government or an Indian tribal organization authorized by law to possess tobacco products or electronic smoking products not taxed under this chapter.
or (3) an instrumentality of the federal government or an Indian tribal Enrolled SB 45 -8- organization authorized by law to possess tobacco products or electronic smoking products not taxed under this chapter.
or (2) receiving the tobacco product or electronic smoking product is a person described under (a)(2) or (3) of this section or is licensed under this chapter SB 45 -8- SB0045A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B and, before receipt, provides the common or contract carrier with a copy of the person's current license issued by the department.
or (2) receiving the tobacco product or electronic smoking product is a person described under (a)(2) or (3) of this section or is licensed under this chapter and, before receipt, provides the common or contract carrier with a copy of the person's current license issued by the department.
(d) If a tobacco product or electronic smoking product is transported by a common or contract carrier to a home or residence, it is rebuttably presumed that the common or contract carrier knew that the recipient of the tobacco product or electronic smoking product was not a person described under (b)(1) - (5) of this section, unless the person shipping the tobacco product or electronic smoking product has satisfied the requirements in (c)(1) of this section.
-9- Enrolled SB 45 (d) If a tobacco product or electronic smoking product is transported by a common or contract carrier to a home or residence, it is rebuttably presumed that the common or contract carrier knew that the recipient of the tobacco product or electronic smoking product was not a person described under (b)(1) - (5) of this section, unless the person shipping the tobacco product or electronic smoking product has satisfied the requirements in (c)(1) of this section.
17.
20.
The return must state the number or amount of tobacco SB0045A -9- SB 45 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B products and electronic smoking products sold by the licensee during the preceding calendar month, the selling price of the tobacco products and electronic smoking products, and the amount of tax imposed on the tobacco products and electronic smoking products.
The return must state the number or amount of tobacco products and electronic smoking products sold by the licensee during the preceding calendar month, the selling price of the tobacco products and electronic smoking Enrolled SB 45 -10- products, and the amount of tax imposed on the tobacco products and electronic smoking products.
18.
21.
AS 43.50.330 is amended by adding a new subsection to read:
(c) A licensee is not required to file a return under this section if the licensee (1) sells only products exempt under AS 43.50.310(b)(2)(C) or (b)(3) from the tax under this chapter;
and (2) provides a notarized affidavit attesting to the licensee's qualification under (1) of this subsection.
* Sec.
22.
19.
23.
20.
24.
AS 43.50.350 is amended to read:
Sec.
43.50.350.
Disposition of proceeds.
Except as provided in (b) of this section, the [THE] tax collected by the department shall be deposited in the general fund.
The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations for health care, health research, health promotion, and health education programs.
-11- Enrolled SB 45 * Sec.
25.
AS 43.50.350 is amended by adding a new subsection to read:
(b) The department shall separately account for tax collected on electronic smoking products under AS 43.50.300.
The annual estimated balance in the account may be appropriated by the legislature to provide for education, programs, and advertising related to the hazards of electronic smoking products.
* Sec.
26.
21.
27.
(5) "wholesale price" means (A) the established price for which a manufacturer sells a SB 45 -10- SB0045A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B tobacco product or electronic smoking product to a distributor after deduction of a discount or other reduction received by the distributor for quantity or cash if the manufacturer's established price is adequately supported by bona fide arm's length sales as determined by the department;
(5) "wholesale price" means (A) the established price for which a manufacturer sells a tobacco product or electronic smoking product to a distributor after deduction of a discount or other reduction received by the distributor for quantity or cash if the manufacturer's established price is adequately supported by bona fide arm's length sales as determined by the department;
22.
28.
AS 43.50.390 is amended by adding a new paragraph to read:
AS 43.50.390 is amended by adding new paragraphs to read:
(6) "electronic smoking product" means a (A) component, solution, vapor product, or other related product that is manufactured and sold for use in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device for the purpose of delivering nicotine or other substances to the person inhaling;
(6) "electronic smoking product" (A) includes a (i) product that can be used to deliver aerosolized or vaporized nicotine to the person inhaling;
(B) product under (A) of this paragraph that is sold as part of a disposable integrated unit containing a power source and delivery system or as a kit containing a refillable electronic smoking system and power source.
an e-cigarette, e-cigar, e- pipe, e-hookah, or vape pen and any component, part, accessory, or device related to an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen;
Enrolled SB 45 -12- and (ii) vapor product;
(B) does not include a (i) battery, battery charger, or mouthpiece when sold separately;
(ii) cartridge, pod, tank, or similar container when sold empty;
(7) "nicotine" has the meaning given in AS 11.81.900(b);
(8) "vapor product" means a substance intended to be aerosolized or vaporized during the use of an electronic smoking product.
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(m) The department may initiate suspension of a business license endorsement SB0045A -11- SB 45 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B or the right to obtain a business license endorsement under this section by sending the person subject to the suspension a notice by certified mail, return receipt requested, or by delivering the notice to the person.
(m) The department may initiate suspension of a business license endorsement or the right to obtain a business license endorsement under this section by sending the person subject to the suspension a notice by certified mail, return receipt requested, or by delivering the notice to the person.
A suspension begins 30 days after receipt of notice described in this subsection unless the person delivers a timely written request for a hearing to the department in the manner provided by regulations of the department.
A suspension begins 30 days after receipt of notice described in this subsection unless the person delivers a timely written request for a hearing to the department in the manner provided by regulations -13- Enrolled SB 45 of the department.
(5) did the person holding the business license endorsement overcome SB 45 -12- SB0045A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B the rebuttable presumption established in (w) of this section;
(5) did the person holding the business license endorsement overcome the rebuttable presumption established in (w) of this section;
(B) previously violated AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 at a location or outlet in a location for which the person holds a business license endorsement, or had an agent or employee previously violate AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
(B) previously violated AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 at a location or outlet in a location for which the person holds a Enrolled SB 45 -14- business license endorsement, or had an agent or employee previously violate AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
25.
31.
(4) determined that the agents and employees of the person had SB0045A -13- SB 45 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B sufficient experience and ability to comply with the written policy and requirements of AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109;
(4) determined that the agents and employees of the person had sufficient experience and ability to comply with the written policy and requirements of AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109;
(6) established and enforced disciplinary sanctions for noncompliance with the written policy or the requirements of AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109;
(6) established and enforced disciplinary sanctions for noncompliance -15- Enrolled SB 45 with the written policy or the requirements of AS 11.76.100, 11.76.106, 11.76.107, and 11.76.109;
26.
32.
27.
33.
AS 47.12.030(b) is amended to read:
AS 45.50.471(b) is amended by adding a new paragraph to read:
(b) When a minor is accused of violating a statute specified in this subsection, other than a statute the violation of which is a felony, this chapter and the Alaska Delinquency Rules do not apply and the minor accused of the offense shall be SB 45 -14- SB0045A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B charged, prosecuted, and sentenced in the district court in the same manner as an adult;
(58) marketing an electronic smoking product in a manner likely to promote use of electronic smoking products by a person under 21 years of age;
if a minor is charged, prosecuted, and sentenced for an offense under this subsection, the minor's parent, guardian, or legal custodian shall be present at all proceedings;
in this paragraph, "electronic smoking product" has the meaning given in AS 43.50.390.
the provisions of this subsection apply when a minor is accused of violating (1) a traffic statute or regulation, or a traffic ordinance or regulation of a municipality;
(2) AS 11.76.105, relating to the possession of tobacco by a person under 21 [19] years of age;
(3) a fish and game statute or regulation under AS 16;
(4) a parks and recreational facilities statute or regulation under AS 41.21;
(5) [REPEALED] (6) a municipal curfew ordinance, whether adopted under AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its ordinance under AS 29.25.070(b) by the municipality;
in place of any fine imposed for the violation of a municipal curfew ordinance, the court shall allow a defendant the option of performing community work;
the value of the community work, which may not be lower than the amount of the fine, shall be determined under AS 12.55.055(c);
in this paragraph, "community work" includes the work described in AS 12.55.055(b) or work that, on the recommendation of the municipal or borough assembly, city council, or traditional village council of the defendant's place of residence, would benefit persons within the municipality or village who are elderly or disabled.
28.
34.
AS 11.76.100(e) and 11.76.106(b)(4) are repealed.
AS 11.76.100(e) is repealed.
29.
35.
The following sections apply to offenses committed on or after the effective date of those sections:
(a) The following sections apply to offenses committed on or after the effective date of those sections:
(2) AS 11.76.100(b), as amended by sec.
(2) AS 11.76.105, as amended by sec.
(3) AS 11.76.105, as amended by sec.
Enrolled SB 45 -16- (3) AS 11.76.105(d), enacted by sec.
SB0045A -15- SB 45 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0311\B (4) AS 11.76.106(a), as amended by sec.
(4) AS 11.76.106(b), as amended by sec.
(5) AS 11.76.106(b), as amended by sec.
(5) AS 11.76.109(a), as amended by sec.
(6) AS 11.76.109(a), as amended by sec.
(6) AS 11.76.109(b), as amended by sec.
(7) AS 11.76.109(b), as amended by sec.
(7) AS 11.76.109(d), as amended by sec.
(8) AS 11.76.109(d), as amended by sec.
(8) AS 11.76.109(g), as amended by sec.
(9) AS 11.76.109(g), as amended by sec.
(9) AS 11.81.900(b)(69), enacted by sec.
(10) AS 43.50.325, enacted by sec.
and (10) AS 43.50.325, enacted by sec.
16 of this Act;
19 of this Act.
and (11) AS 47.12.030(b), as amended by sec.
(b) AS 11.76.100(a)(4), as amended by sec.
27 of this Act.
1 of this Act, and AS 11.76.109(a)(4), as amended by sec.
5 of this Act, do not apply to a person 19 years of age or older who is employed on the effective date of secs.
1 and 5 of this Act by a person with a business license endorsement under AS 43.70.075.
30.
36.
This Act takes effect January 1, 2022.
This Act takes effect January 1, 2023.
SB 45 -16- SB0045A New Text Underlined [DELETED TEXT BRACKETED]
-17- Enrolled SB 45
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How this bill changes current law

11 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill raises the minimum age to purchase, sell, exchange, or possess tobacco and nicotine products from 19 to 21 years.

  • AS 11.76.100(a)

    A MINOR

    Replaces 'A MINOR' with 'a person under 21 years of age' in the definition of selling or giving tobacco to underaged persons.

  • AS 11.76.100(a)(1)

    19 → 21

    Increases the age limit for the negligent sale of tobacco from 19 to 21 years.

  • AS 11.76.100(a)(2)

    19 → 21

    Increases the age limit for exchanging or giving tobacco to underaged persons from 19 to 21 years.

  • AS 11.76.105

    a person under 19 years of age [MINOR] → a person under 21 years of age

    Restricts possession of tobacco and nicotine products by individuals under 21 instead of under 19.

  • AS 11.76.105(a)

    19 → 21

    Increases the age limit for unlawful possession of tobacco products from 19 to 21 years.

  • AS 11.76.109(a)

    A MINOR

    Updates terminology from 'A MINOR' to 'a person under 21 years of age' for selling electronic smoking products.

  • AS 11.76.109(a)(1)

    19 → 21

    Increases the age limit for negligent sale of electronic smoking products from 19 to 21 years.

  • AS 11.76.109(a)(2)

    19 → 21

    Increases the age limit for exchanging or giving electronic smoking products to underaged persons from 19 to 21 years.

  • AS 43.50.105(b)

    19 → 21

    Increases the age requirement to receive shipped cigarettes from 19 to 21 years.

  • AS 43.50.300

    THE

    Clarifies tax rates on tobacco products without the previous context of levied transactions.

  • AS 11.81.900(b)

    "nicotine" includes a chemical or chemical compound intended, when introduced into the human body, to mimic or simulate the effect of nicotine from tobacco.

    Defines nicotine more comprehensively in the statutes.

Action History

  1. (S) VETOED BY GOVERNOR 9/8/22

  2. (S) 9:00 A.M. 8/24/22 Transmitted to Governor

  3. (S) MANIFEST ERROR(S)

  4. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  5. (S) CONCUR AM OF (H) Y18 N2

  6. (S) CONCUR MESSAGE READ AND TAKEN UP

  7. (H) VERSION: HCS CSSB 45(FIN) AM H

  8. (H) TRANSMITTED TO (S) AS AMENDED

  9. (H) CROSS SPONSOR(S): JOSEPHSON

  10. (H) TITLE CHANGE: HCR 16

  11. (H) EFFECTIVE DATE(S) ADOPTED Y34 N6

  12. (H) PASSED Y31 N9

  13. (H) READ THE THIRD TIME HCS CSSB 45(FIN) AM H

  14. (H) LIMIT ALL INTROS TO 3 MIN, DEBATE TO 2 MIN EACH Y36 N4

  15. (H) ADVANCED TO THIRD READING 5/18 CALENDAR

  16. (H) AM NO 3 ADOPTED Y23 N15 E2

  17. (H) AM NO 2 NOT OFFERED

  18. (H) AM NO 1 FAILED Y17 N19 E3 A1

  19. (H) FIN HCS ADOPTED UC

  20. (H) READ THE SECOND TIME

  21. (H) RULES TO CALENDAR 5/17/2022

  22. (H) FN7: (REV)

  23. (H) FN6: ZERO(GOV/COMBINED)

  24. (H) FN4: ZERO(DHS/DOH)

  25. (H) AM: ORTIZ, EDGMON, WOOL, FOSTER

  26. (H) NR: JOHNSON, LEBON, CARPENTER, RASMUSSEN, MERRICK

  27. (H) DP: JOSEPHSON

  28. (H) TITLE CHANGE: HCR 16

  29. (H) FIN RPT HCS(FIN) NEW TITLE 1DP 5NR 4AM

  30. (H) Minutes (HFIN)

  31. (H) Moved HCS CSSB 45(FIN) Out of Committee -- Recessed to 3:50 pm --

  32. (H) FINANCE at 01:30 PM ADAMS 519

  33. (H) Minutes (HFIN)

  34. (H) Heard & Held

  35. (H) FINANCE at 09:00 AM ADAMS 519

  36. (H) Minutes (HFIN)

  37. (H) Heard & Held

  38. (H) FINANCE at 01:30 PM ADAMS 519

  39. (H) <Bill Hearing Canceled>

  40. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  41. (H) CROSS SPONSOR(S): HANNAN

  42. (H) FIN

  43. (H) READ THE FIRST TIME - REFERRALS

  44. (S) VERSION: CSSB 45(FIN)

  45. (S) TRANSMITTED TO (H)

  46. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  47. (S) PASSED Y15 N4 E1

  48. (S) AUTOMATICALLY IN THIRD READING

  49. (S) AM NO 2 FAILED Y9 N10 E1

  50. (S) RETURN TO SECOND FOR AM 2 UC

  51. (S) READ THE THIRD TIME CSSB 45(FIN)

  52. (S) ADVANCED TO THIRD READING 4/20 CAL

  53. (S) AM NO 1 FAILED Y6 N12 E2

  54. (S) FIN CS ADOPTED UC

  55. (S) READ THE SECOND TIME

  56. (S) RULES TO CALENDAR 4/19/2022

  57. (S) FN6: ZERO(GOV/COMBINED)

  58. (S) FN5: (REV)

  59. (S) FN4: ZERO(DHS/DOH)

  60. (S) DP: HOFFMAN

  61. (S) NR: STEDMAN, BISHOP, WIELECHOWSKI

  62. (S) FIN RPT CS 3NR 1DP NEW TITLE

  63. (S) Minutes (SFIN)

  64. (S) Moved CSSB 45(FIN) Out of Committee

  65. (S) FINANCE at 01:00 PM SENATE FINANCE 532

  66. (S) Minutes (SFIN)

  67. (S) Heard & Held

  68. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  69. (S) <Bill Hearing Canceled>

  70. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  71. (S) Minutes (SFIN)

  72. (S) Heard & Held

  73. (S) FINANCE at 01:00 PM SENATE FINANCE 532

  74. (S) FN3: ZERO(CED)

  75. (S) FN2: (REV)

  76. (S) FN1: ZERO(DHS)

  77. (S) AM: HOLLAND

  78. (S) DP: COSTELLO, GRAY-JACKSON, STEVENS

  79. (S) L&C RPT CS 3DP 1AM NEW TITLE

  80. (S) Minutes (SL&C)

  81. (S) Moved CSSB 45(L&C) Out of Committee

  82. (S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)

  83. (S) Minutes (SL&C)

  84. (S) Heard & Held

  85. (S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)

  86. (S) Minutes (SL&C)

  87. (S) Heard & Held

  88. (S) LABOR & COMMERCE at 01:30 PM BELTZ 105 (TSBldg)

  89. (S) L&C, FIN

  90. (S) READ THE FIRST TIME - REFERRALS

  91. (S) Prefile released 1/15/21

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

Show all 64 →

"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.

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Frequently asked questions

Who sponsors SB 45?
SB 45 is sponsored by Gary Stevens (R).
What is the current status of SB 45?
This bill died with 32nd Legislature (2021-2022). It reached “To Executive” 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 45?
Track SB 45 free on One Click Politics — get push/email alerts when it moves.

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