HB 189: "An Act raising the age for purchase, sale, exchange, or possession of tobacco to age 21."

00 HOUSE BILL NO. 189 01 "An Act raising the age for purchase, sale, exchange, or possession of tobacco to age 02 21." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.76.100(a) is amended to read: 05 (a) A person commits the offense of selling or giving tobacco to a minor if the 06 person 07 (1) negligently sells a cigarette, a cigar, tobacco, or a product 08 containing tobacco to a person under 21 [19] years of age; 09 (2) is 21 [19] years of age or older and negligently exchanges or gives 10 a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] 11 years of age; or 12 (3) maintains a vending machine that dispenses cigarettes, cigars, 13 tobacco, or products containing tobacco. 14 * Sec. 2. AS 11.76.100(b) is amended to read:

01 (b) Notwithstanding the provisions of (a) of this section, a person who 02 maintains a vending machine is not in violation of (a)(3) of this section if the vending 03 machine is located 04 (1) on premises licensed as a beverage dispensary under AS 04.11.090, 05 licensed as a club under AS 04.11.110, or licensed as a package store under 06 AS 04.11.150; and 07 (A) as far as practicable from the primary entrance; and 08 (B) in a place that is directly and continually supervised by a 09 person employed on the licensed premises during the hours the vending 10 machine is accessible to the public; or 11 (2) in an employee break room or other controlled area of a private 12 work place that is not generally considered a public place and the room or area 13 contains a posted warning sign at least 11 inches by 14 inches indicating that 14 possession of tobacco by a person under 21 [19] years of age is prohibited under 15 AS 11.76.105. 16 * Sec. 3. AS 11.76.105(a) is amended to read: 17 (a) A person under 21 [19] years of age may not knowingly possess a 18 cigarette, a cigar, tobacco, or a product containing tobacco in this state. This 19 subsection does not apply to a person who is a prisoner at an adult correctional 20 facility. 21 * Sec. 4. AS 11.76.106(b) is amended to read: 22 (b) Subsection (a) does not apply if the sale 23 (1) is by vending machine as provided under AS 11.76.100(b); 24 (2) is a wholesale transaction, the person is licensed as a manufacturer 25 or distributor under AS 43.50.010, and the sale occurs on premises where no retail 26 transactions occur; or 27 (3) is by a retailer who sells primarily cigarettes, cigars, tobacco, or a 28 product containing tobacco and who restricts access to the premises to only those 29 individuals who are 21 [19] years of age or older. 30 * Sec. 5. AS 43.70.075(f) is amended to read: 31 (f) A person who holds a license endorsement issued under this section shall

01 post on the licensed premises a warning sign as described in this subsection. A 02 warning sign required by this subsection must be at least 6 inches by 18 inches and 03 must read, in lettering at least 1.25 inches high: "The sale of tobacco products to 04 persons under age 21 [19] is illegal." A person holding an endorsement issued under 05 this section shall display the sign in a manner conspicuous to a person purchasing or 06 consuming tobacco products on the licensed premises. The department shall, without 07 charge, furnish warning signs required under this section to a person who holds an 08 endorsement issued under this section or a person who requests the sign with the 09 intention of displaying it. 10 * Sec. 6. AS 47.12.030(b) is amended to read: 11 (b) When a minor is accused of violating a statute specified in this subsection, 12 other than a statute the violation of which is a felony, this chapter and the Alaska 13 Delinquency Rules do not apply and the minor accused of the offense shall be 14 charged, prosecuted, and sentenced in the district court in the same manner as an 15 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 16 subsection, the minor's parent, guardian, or legal custodian shall be present at all 17 proceedings; the provisions of this subsection apply when a minor is accused of 18 violating 19 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 20 a municipality; 21 (2) AS 11.76.105, relating to the possession of tobacco by a person 22 under 21 [19] years of age; 23 (3) a fish and game statute or regulation under AS 16; 24 (4) a parks and recreational facilities statute or regulation under 25 AS 41.21; 26 (5) AS 04.16.050, relating to possession, control, or consumption of 27 alcohol, except for conduct constituting habitual minor consuming or in possession or 28 control under AS 04.16.050(d); and 29 (6) a municipal curfew ordinance, whether adopted under 30 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 31 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for

01 the violation of a municipal curfew ordinance, the court shall allow a defendant the 02 option of performing community work; the value of the community work, which may 03 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 04 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 05 or work that, on the recommendation of the municipal or borough assembly, city 06 council, or traditional village council of the defendant's place of residence, would 07 benefit persons within the municipality or village who are elderly or disabled.