Alaska 33rd Legislature (2023-2024) Status: Passed Senate Bipartisan · 5 D · 2 R cosponsors

SB 89 — An Act relating to tobacco, tobacco products, electronic smoking products, nicotine, and products containing nicotine; raising the minimum age to purchase, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product; relating to the lawful operation of retail marijuana stores; relating to the registration of marijuana establishments; relating to the tobacco use education and cessation fund; relating to retailers of and the sale of electronic smoking products and vapor products; relating to marijuana taxes; and providing for an effective date.

Last action — (H) VERSION: HCS CSSB 89(L&C) AM H

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

This bill died with 33rd Legislature (2023-2024). It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

675 added · 644 removed

Plain-language change summary

The recent amendment to SB 89 raises the minimum age for purchasing, selling, or possessing tobacco and nicotine products from 19 to 21 years old, which aligns with the federal standard. Additionally, the change allows individuals under 21 to sell these products, which was previously restricted to those 19 years or older. These updates aim to help reduce tobacco use among younger individuals, promoting better public health outcomes.

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33-LS0247\U CS FOR SENATE BILL NO.
33-LS0247\B SENATE BILL NO.
89(L&C) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THE SENATE LABOR AND COMMERCE COMMITTEE Referred:
89 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY SENATORS STEVENS, Giessel, Gray-Jackson, Kiehl, Tobin Introduced:
Finance Sponsor(s):
3/1/23 Referred:
SENATORS STEVENS, Giessel, Gray-Jackson, Kiehl, Tobin A BILL FOR AN ACT ENTITLED "An Act relating to tobacco, tobacco products, electronic smoking products, nicotine, and products containing nicotine;
Labor & Commerce, Finance A BILL FOR AN ACT ENTITLED "An Act relating to tobacco, tobacco products, electronic smoking products, nicotine, and products containing nicotine;
raising the minimum age to purchase, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product;
raising the minimum age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product;
(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] SB0089B -1- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U 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] SB0089A -1- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B years of age;
or (4) holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product containing tobacco.
or (4) holds a business license endorsement under AS 43.70.075 and allows a person under 21 [19] years of age to sell a cigarette, a cigar, tobacco, or a product 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.
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;
and (B) in a place that is directly and continually supervised by a SB 89 -2- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B person employed on the licensed premises during the hours the vending machine is accessible to the public;
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(a) Except as provided in (e) of this section, 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 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.
[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 CSSB 89(L&C) -2- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U 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 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 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 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) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a person under 21 years of age [MINOR] is a violation punishable by a fine of not more than $150.
(c) Possession of tobacco, an electronic smoking product, or a product SB0089A -3- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B containing nicotine by a person under 21 years of age [MINOR] is a violation punishable by a fine of not more than $300.
Notwithstanding AS 12.55.035(b), in place of any fine imposed for the violation of this subsection, the court may refer a defendant, at the request of the defendant, to a tobacco education program.
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AS 11.76.105 is amended by adding new subsections to read:
AS 11.76.105 is amended by adding a new subsection to read:
(e) The provisions of (a) of this section do not apply to a person 19 or 20 years of age who is employed by a person with a business license endorsement under AS 43.70.075 and, as part of that employment, is selling a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine.
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(a) Except as provided under (b) of this section, a person may not sell cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, SB0089B -3- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U 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;
(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;
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(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 a person under 21 years of age [MINOR] if the person SB 89 -4- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (1) negligently sells an electronic smoking product or a product containing nicotine to a person under 21 [19] years of age;
or (4) holds a business license endorsement under AS 43.70.075 and CSSB 89(L&C) -4- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U allows a person under 19 years of age to sell an electronic smoking product or a product containing nicotine.
or (4) holds a business license endorsement under AS 43.70.075 and allows a person under 21 [19] years of age to sell an electronic smoking product or a product containing nicotine.
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AS 11.76.109(d) is amended to read:
(d) Notwithstanding (a)(3) 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 SB0089A -5- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B AS 04.11.150, and is located (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 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.
* Sec.
11.
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 SB0089B -5- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U 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 11.76.105 [THIS SECTION].
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 11.76.105 [THIS SECTION].
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(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.
SB 89 -6- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (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.
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CSSB 89(L&C) -6- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U * Sec.
* Sec.
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(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 SB0089A -7- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B organization authorized by law to possess cigarettes not taxed under this chapter;
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(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 SB0089B -7- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U AS 43.50.010 - 43.50.390 or 43.50.850 - 43.50.900 and the municipal tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking products.
(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 or 43.50.850 - 43.50.900 and the municipal tax on cigarettes, [OR OTHER] tobacco products, or electronic smoking products.
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(2) an operator of a customs bonded warehouse under 19 U.S.C.
SB 89 -8- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (2) an operator of a customs bonded warehouse under 19 U.S.C.
(c) A common or contract carrier may not knowingly transport a tobacco product to a person in this state unless the person (1) shipping the tobacco product is licensed under this chapter and, before shipment, provides the common or contract carrier with a copy of the person's CSSB 89(L&C) -8- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U current license issued by the department and (A) an affidavit from the intended recipient certifying that the person receiving the tobacco product is a person described under (b)(1) - (4) of this section;
(c) A common or contract carrier may not knowingly transport a tobacco product to a person in this state unless the person (1) shipping the tobacco product 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 tobacco product is a person described under (b)(1) - (4) of this section;
or (2) receiving the tobacco 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.
or (2) receiving the tobacco product is a person described under (a)(2) or (3) of this section or is licensed under this chapter and, before receipt, provides the SB0089A -9- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B common or contract carrier with a copy of the person's current license issued by the department.
To the fullest extent permitted by the Constitution of the United States, a person who violates the provisions of this section is required to collect the taxes and pay them to the SB0089B -9- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U department.
To the fullest extent permitted by the Constitution of the United States, a person who violates the provisions of this section is required to collect the taxes and pay them to the department.
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The tax is 25 percent of the retail sales price of a closed electronic smoking product or a vapor product.
The tax is 25 percent of the sales price of a closed electronic smoking product or a vapor product.
(a) The tax does not apply to (1) a closed electronic smoking product or vapor product (A) sold in a facility operated by one of the uniformed services of the United States;
(a) The tax does not apply to (1) a closed electronic smoking product or vapor product SB 89 -10- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (A) sold in a facility operated by one of the uniformed services of the United States;
(b) In this section, (1) "hemp" and "hemp products" mean hemp or a hemp product produced by an individual registered under AS 03.05.076;
(b) In this section, (1) "marijuana," "marijuana products," and "retail marijuana store" have the meanings given in AS 17.38.900;
(2) "marijuana," "marijuana products," and "retail marijuana store" have the meanings given in AS 17.38.900;
(2) "uniformed services" has the meaning given in 5 U.S.C.
(3) "uniformed services" has the meaning given in 5 U.S.C.
(a) Except as provided in (g) of this section, a person must be licensed by the department if the person engages in business as a CSSB 89(L&C) -10- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U retailer of an electronic smoking product.
(a) Except as provided in (g) of this section, a person must be licensed by the department if the person engages in business as a retailer of an electronic smoking product.
(d) A license issued under this section must include the nameand address of the licensee, the type of business to be conducted, and the year for which the license is issued.
(d) A license issued under this section must include the nameand address of SB0089A -11- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B the licensee, the type of business to be conducted, and the year for which the license is issued.
or (2) market an electronic smoking product, including a flavored SB0089B -11- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U electronic smoking product, in a manner likely to promote use of the electronic smoking product by a person under 21 years of age.
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.
Tax credits and refunds.
The department shall adopt procedures for a refund or credit to a licensee of the tax paid for closed electronic SB 89 -12- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B smoking products or vapor products that have become unfit for sale or are destroyed if the licensee provides proof acceptable to the department that the products have not been and will not be sold in this state.
Sec.
43.50.875.
43.50.875.
43.50.880.
(2) health programs, education, or advertising related to the hazards of electronic smoking products;
or (2) health programs, education, or advertising related to the hazards of electronic smoking products.
or (3) efforts to prevent or detect the use of tobacco or electronic smoking products in a school, including the hiring of health advocates or for electronic smoking product detection devices.
43.50.880.
43.50.885.
(2) an operator of a customs bonded warehouse under 19 U.S.1311 CSSB 89(L&C) -12- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U or 19 U.S.C.
(2) an operator of a customs bonded warehouse under 19 U.S.C.
1311 or 19 U.S.C.
(2) holds a business license endorsement under AS 43.70.075;
SB0089A -13- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (2) holds a business license endorsement under AS 43.70.075;
or (2) receiving the 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 SB0089B -13- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U issued by the department.
or (2) receiving the 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.
(e) A person, other than a common or contract carrier, may not knowingly transport an electronic smoking product to a person in this state, unless the recipient of the electronic smoking product is a person described under (b)(1) - (5) of this section.
(e) A person, other than a common or contract carrier, may not knowingly transport an electronic smoking product to a person in this state, unless the recipient of SB 89 -14- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B the electronic smoking product is a person described under (b)(1) - (5) of this section.
43.50.885.
43.50.890.
A person may sell or distribute to consumers in this state, acquire, hold, own, possess, or transport for sale or distribution in this state, or import or cause to be imported into this state for sale or distribution in this state only electronic smoking products (1) for which the component vapor product (A) has a nicotine content of less than 60 milligrams of nicotine for each milliliter of vapor product;
A person may sell or distribute to consumers in this state, acquire, hold, own, possess, or transport for sale or distribution in this state, or import or cause to be imported into this state for sale or distribution in this state only electronic smoking products (1) for which the component vapor product (A) has a nicotine content of less than 20 milligrams of nicotine for each milliliter of vapor product;
CSSB 89(L&C) -14- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U (C) does not contain added vitamins or other additives marketed to create the impression of health benefits;
(C) does not contain added vitamins or other additives marketed to create the impression of health benefits;
In AS 43.50.850 - 43.50.900, "sales price" (1) means the total amount of consideration, including cash, credit, property, and services, for which an electronic smoking product is purchased or sold, valued in money, whether received in money or otherwise, without any deduction for (A) the seller's cost of the electronic smoking product sold;
In AS 43.50.850 - 43.50.900, "sales price" SB0089A -15- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (1) means the total amount of consideration, including cash, credit, property, and services, for which an electronic smoking product is purchased or sold, valued in money, whether received in money or otherwise, without any deduction for (A) the seller's cost of the electronic smoking product sold;
In this chapter, (1) "closed electronic smoking product" means a single-use electronic SB0089B -15- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U smoking product that includes a pre-filled disposable cartridge of vapor product;
In this chapter, (1) "closed electronic smoking product" means a single-use electronic smoking product that includes a pre-filled disposable cartridge of vapor product;
(iii) a component, part, accessory, or device related to an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or other similar device of any shape;
(iii) a component, part, accessory, or device related to SB 89 -16- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or other similar device of any shape;
(4) "retailer" means a person in the state who is engaged in the business of selling electronic smoking products at retail;
(4) "retailer" means a person in the state who is engaged in the business of electronic smoking products at retail;
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"The sale of electronic smoking products or products containing nicotine CSSB 89(L&C) -16- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U without a prescription or tobacco products to persons under age 21 [19] is illegal." A person holding an endorsement issued under this section shall display the warning sign in a manner conspicuous to a person purchasing or consuming tobacco products, electronic smoking products, or products containing nicotine on the licensed premises.
"The sale of electronic smoking products or products containing nicotine without a prescription or tobacco products to persons under age 21 [19] is illegal." A person holding an endorsement issued under this section shall display the warning sign in a manner conspicuous to a person purchasing or consuming tobacco products, electronic smoking products, or products containing nicotine on the licensed premises.
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(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.
SB0089A -17- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (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.
(3) within the 24 months before the date of the department's notice SB0089B -17- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U under this subsection, was the person, or an agent or employee of the person while acting within the scope of the agency or employment of the person, convicted of violating AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 or adjudicated for violating a provision of (a) or (g) of this section;
(3) within the 24 months before the date of the department's notice under this subsection, was the person, or an agent or employee of the person while acting within the scope of the agency or employment of the person, convicted of violating AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 or adjudicated for violating a provision of (a) or (g) of this section;
(5) did the person holding the business license endorsement overcome the rebuttable presumption established in (w) of this section;
SB 89 -18- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (5) did the person holding the business license endorsement overcome the rebuttable presumption established in (w) of this section;
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(t) Based on evidence provided at the hearing under (m)(4) - (6) of this section, the department may reduce the license suspension period under (d) of this section if the person holding the business license endorsement establishes that, before the date of the violation, the person had (1) adopted and enforced a written policy against selling cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products CSSB 89(L&C) -18- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U containing nicotine to a person under 21 [19] years of age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109;
(t) Based on evidence provided at the hearing under (m)(4) - (6) of this section, the department may reduce the license suspension period under (d) of this section if the person holding the business license endorsement establishes that, before the date of the violation, the person had (1) adopted and enforced a written policy against selling cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine to a person under 21 [19] years of age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 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;
SB0089A -19- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B (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;
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The person who holds the business license endorsement may overcome the presumption by establishing by clear and convincing evidence that the agent or employee did not negligently sell a cigarette, a cigar, or tobacco, a product containing tobacco, an SB0089B -19- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U electronic smoking product, or a product containing nicotine to a person under 21 [19] years of age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 as alleged in the citation issued to the agent or employee.
The person who holds the business license endorsement may overcome the presumption by establishing by clear and convincing evidence that the agent or employee did not negligently sell a cigarette, a cigar, or tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine to a person under 21 [19] years of age in violation of AS 11.76.100, 11.76.106, 11.76.107, or 11.76.109 as alleged in the citation issued to the agent or employee.
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in this paragraph, "electronic smoking product" has the meaning given in AS 43.50.990.
in this SB 89 -20- SB0089A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B paragraph, "electronic smoking product" has the meaning given in AS 43.50.990.
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the value of the community work, which may CSSB 89(L&C) -20- SB0089B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\U not be lower than the amount of the fine, shall be determined under AS 12.55.055(c);
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);
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* Sec.
SB0089A -21- SB 89 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0247\B * Sec.
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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 11.76.100(b), as amended by secs.
2 of this Act;
2 and 3 of this Act;
3 of this Act;
(4) AS 11.76.105(d) and (e), enacted by sec.
(5) AS 11.76.106(a), as amended by sec.
(4) AS 11.76.105(d), enacted by sec.
(6) AS 11.76.106(b), as amended by sec.
(5) AS 11.76.106(a), as amended by sec.
(7) AS 11.76.109(a), as amended by sec.
(6) AS 11.76.106(b), as amended by sec.
(8) AS 11.76.109(b), as amended by sec.
(7) AS 11.76.109(a), as amended by sec.
(9) AS 11.76.109(d), as amended by sec.
(8) AS 11.76.109(b), as amended by sec.
(9) AS 11.76.109(d), as amended by secs.
10 and 11 of this Act;
10 of this Act;
12 of this Act;
11 of this Act;
13 of this Act;
16 of this Act;
18 of this Act;
(13) AS 43.50.880, enacted by sec.
(13) AS 43.50.885, enacted by sec.
17 of this Act;
19 of this Act;
23 of this Act.
25 of this Act.
(b) AS 11.76.100(a)(4), as amended by sec.
1 of this Act, and AS 11.76.109(a)(4), as amended by sec.
8 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 8 of this Act by a person with a business license endorsement under AS 43.70.075.
26.
28.
This Act takes effect January 1, 2024.
Sections 3 and 11 of this Act take effect on the effective date of secs.
SB0089B -21- CSSB 89(L&C) New Text Underlined [DELETED TEXT BRACKETED]
153 and 155, ch.
8, SLA 2022.
* Sec.
29.
Except as provided in sec.
28 of this Act, this Act takes effect July 1, 2023.
SB 89 -22- SB0089A New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (H) VERSION: HCS CSSB 89(L&C) AM H

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

  3. (H) CROSS SPONSOR(S): JOSEPHSON, MINA

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

  5. (H) PASSED ON RECONSIDERATION Y32 N8

  6. (H) RECON SAME DAY UC - IN THIRD READING

  7. (H) C.JOHNSON NOTICE OF RECONSIDERATION

  8. (H) EFFECTIVE DATE(S) SAME AS PASSAGE

  9. (H) PASSED Y32 N8

  10. (H) READ THE THIRD TIME HCS CSSB 89(L&C) AM H

  11. (H) ADVANCED TO THIRD READING SAME DAY Y36 N3 A1

  12. (H) ...CHANGES TITLE OF LEGISLATION

  13. (H) AM NO 2 ADOPTED Y30 N10

  14. (H) AM NO 1 ADOPTED UC

  15. (H) TITLE CHANGE: HCR 18

  16. (H) L&C HCS ADOPTED UC

  17. (H) READ THE SECOND TIME

  18. (H) MOVED TO BOTTOM OF CALENDAR

  19. (H) RULES TO CALENDAR 5/14/2024

  20. (H) -- Public Testimony -- -- MEETING CANCELED --

  21. (H) FINANCE at 10:00 AM ADAMS 519

  22. (H) FIN REFERRAL REMOVED

  23. (H) <Bill Hearing Canceled> -- Delayed to a Call of the Chair --

  24. (H) FINANCE at 10:00 AM ADAMS 519

  25. (H) FN16: ZERO(DPS)

  26. (H) FN15: ZERO(LAW)

  27. (H) FN14: ZERO(AJS)

  28. (H) FN13: ZERO(DOH)

  29. (H) FN12: ZERO(CED)

  30. (H) FN11: ZERO(ADM)

  31. (H) FN10: ZERO(ADM)

  32. (H) AM: WRIGHT

  33. (H) NR: SADDLER, RUFFRIDGE, SUMNER

  34. (H) DP: CARRICK, FIELDS, PRAX

  35. (H) TITLE CHANGE: HCR 18

  36. (H) L&C RPT HCS(L&C) NEW TITLE 3DP 3NR 1AM

  37. (H) Moved HCS CSSB 89(L&C) Out of Committee -- Delayed to 10 Minutes Following Session --

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

  39. (H) Minutes (HL&C)

  40. (H) Heard & Held

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

  42. (H) -- MEETING CANCELED --

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

  44. (H) -- MEETING CANCELED --

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

  46. (H) Minutes (HL&C)

  47. (H) <Bill Hearing Canceled>

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

  49. (H) L&C, FIN

  50. (H) READ THE FIRST TIME - REFERRALS

  51. (S) VERSION: CSSB 89(FIN)

  52. (S) TRANSMITTED TO (H)

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

  54. (S) PASSED Y14 N6

  55. (S) HELD IN THIRD READING TO 5/16 CAL

  56. (S) AUTOMATICALLY IN THIRD READING

  57. (S) AM NO 2 FAILED Y5 N15

  58. (S) AM NO 1 FAILED Y5 N15

  59. (S) RETURN TO SECOND FOR AMDS UC

  60. (S) READ THE THIRD TIME CSSB 89(FIN)

  61. (S) NOT TAKEN UP 5/14 - ON 5/15 CAL

  62. (S) ADVANCED TO THIRD READING 5/14 CAL

  63. (S) FIN CS ADOPTED UC

  64. (S) READ THE SECOND TIME

  65. (S) RULES TO CALENDAR 5/13/23

  66. (S) FN9: ZERO(AJS)

  67. (S) FN8: (REV)

  68. (S) FN7: ZERO(LAW)

  69. (S) FN6: ZERO(DPS)

  70. (S) FN4: ZERO(DOH)

  71. (S) FN3: ZERO(ADM)

  72. (S) FN2: ZERO(ADM)

  73. (S) FN1: ZERO(CED)

  74. (S) AM: WILSON

  75. (S) NR: STEDMAN, MERRICK

  76. (S) DP: OLSON, KIEHL, BISHOP

  77. (S) FIN RPT CS 3DP 2NR 1AM NEW TITLE

  78. (S) Minutes (SFIN)

  79. (S) <Bill Hearing Canceled>

  80. (S) FINANCE at 01:30 PM SENATE FINANCE 532

  81. (S) Minutes (SFIN)

  82. (S) Moved CSSB 89(FIN) Out of Committee

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

  84. (S) Minutes (SFIN)

  85. (S) Heard & Held

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

  87. (S) FN7: ZERO(LAW)

  88. (S) FN6: ZERO(DPS)

  89. (S) FN5: (REV)

  90. (S) FN4: ZERO(DOH)

  91. (S) FN3: ZERO(ADM)

  92. (S) FN2: ZERO(ADM)

  93. (S) FN1: ZERO(CED)

  94. (S) DP: BJORKMAN, DUNBAR, BISHOP, GRAY-JACKSON

  95. (S) L&C RPT CS 4DP NEW TITLE

  96. (S) Minutes (SL&C)

  97. (S) Moved CSSB 89(L&C) Out of Committee

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

  99. (S) Minutes (SL&C)

  100. (S) Heard & Held

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

  102. (S) Minutes (SL&C)

  103. (S) Heard & Held

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

  105. (S) Minutes (SL&C)

  106. (S) Heard & Held

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

  108. (S) COSPONSOR(S): GIESSEL, GRAY-JACKSON, KIEHL, TOBIN

  109. (S) L&C, FIN

  110. (S) READ THE FIRST TIME - REFERRALS

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 58 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (58)

58 members have not signed on to this bill.

Show all 58 →

"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 89?
SB 89 is sponsored by Genevieve Mina (D), Andy Josephson (D), Löki Tobin (D), Jesse Kiehl (D), Elvi Gray-Jackson (D), Cathy Giessel (R), and Gary Stevens (R).
What is the current status of SB 89?
This bill died with 33rd Legislature (2023-2024). It reached “Passed Senate” 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 89?
Track SB 89 free on One Click Politics — get push/email alerts when it moves.

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