Alaska HB 49: An Act relating to criminal law and procedure; relating to marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to controlled substances; relating to electronic monitoring; relating to probation and parole; relating to sentencing; amending the definitions of 'most serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders; relating to the automated victim notification system; relating to reporting child abuse or neglect; relating to Alaska Native organizations; relating to the village public safety officer program; relating to cancellation of a driver's license; relating to driving while license canceled; relating to operating under the influence; relating to restoration of a driver's license; relating to refusal to submit to a chemical test; relating to the use of headlights; relating to the powers and duties of the commissioner of corrections; relating to pretrial services; relating to the duties of a prosecuting attorney; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6) and 38.2, Alaska Rules of Criminal Procedure; and providing for an effective date.

Bill Text

HB0049b -1- CSHB 49(L&C)
New Text Underlined [DELETED TEXT BRACKETED]

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CS FOR HOUSE BILL NO. 49(L&C)

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY THE HOUSE LABOR AND COMMERCE COMMITTEE

Offered: 2/19/25
Referred: Finance

Sponsor(s): REPRESENTATIVES HANNAN, Galvin, Carrick
A BILL

FOR AN ACT ENTITLED

"An Act relating to tobacco, tobacco products, electronic smoking products, nicotine, 1
and products containing nicotine; raising the minimum age to purchase, exchange, or 2
possess tobacco, a product containing nicotine, or an electronic smoking product; 3
relating to the tobacco use education and cessation fund; relating to the taxation of 4
electronic smoking products and vapor products; and providing for an effective date." 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
* Section 1. AS 11.76.100(a) is amended to read: 7
(a) A person commits the offense of selling or giving tobacco to a person 8
under 21 years of age [MINOR] if the person 9
(1) negligently sells a cigarette, a cigar, tobacco, or a product 10
containing tobacco to a person under 21 [19] years of age; 11
(2) is 21 [19] years of age or older and negligently exchanges or gives 12
a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 21 [19] 13

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CSHB 49(L&C) -2- HB0049b
New Text Underlined [DELETED TEXT BRACKETED]

years of age; 1
(3) maintains a vending machine that dispenses cigarettes, cigars, 2
tobacco, or products containing tobacco; or 3
(4) holds a business license endorsement under AS 43.70.075 and 4
allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product 5
containing tobacco. 6
* Sec. 2. AS 11.76.100(b) is amended to read: 7
(b) Notwithstanding the provisions of (a) of this section, a person who 8
maintains a vending machine is not in violation of (a)(3) of this section if the vending 9
machine is located 10
(1) on premises licensed as a beverage dispensary under AS 04.09.200 11
or 04.09.350, licensed as a club under AS 04.09.220, or licensed as a package store 12
under AS 04.09.230 and 13
(A) as far as practicable from the primary entrance; and 14
(B) in a place that is directly and continually supervised by a 15
person employed on the licensed premises during the hours the vending 16
machine is accessible to the public; or 17
(2) in an employee break room or other controlled area of a private 18
work place that is not generally considered a public place and the room or area 19
contains a posted warning sign at least 11 inches by 14 inches indicating that 20
possession of tobacco by a person under 21 [19] years of age is prohibited under 21
AS 11.76.105. 22
* Sec. 3. AS 11.76.105 is amended to read: 23
Sec. 11.76.105. Possession of tobacco, electronic smoking products, or 24
products containing nicotine by a person under 21 years of age [MINOR]. (a) 25
Except as provided in (e) of this section, a [A] person under 21 [19] years of age 26
may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, 27
an electronic smoking product, or a product containing nicotine in this state. [THIS 28
SUBSECTION DOES NOT APPLY TO A PERSON WHO IS A PRISONER AT AN 29
ADULT CORRECTIONAL FACILITY.] 30
(b) In a prosecution under (a) of this section for possession of an electronic 31

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HB0049b -3- CSHB 49(L&C)
New Text Underlined [DELETED TEXT BRACKETED]

smoking product or a product containing nicotine, it is an affirmative defense that the 1
electronic smoking product or product containing nicotine possessed by the person 2
under 21 [19] years of age was intended or expected to be consumed without being 3
combusted, and the electronic smoking product or product containing nicotine 4
(1) has been approved by the United States Food and Drug 5
Administration for sale as a tobacco use cessation [OR HARM REDUCTION] product 6
or for other medical purposes; 7
(2) was being marketed and sold for the approved purposes; and 8
(3) was 9
(A) prescribed by a health care professional; 10
(B) given to the person by the person's parent or guardian; 11
(C) provided by a state-approved tobacco cessation program 12
administered by the Department of Health; or 13
(D) provided by a pharmacist to a person 18 years of age or 14
older without a prescription. 15
(c) Possession of tobacco, an electronic smoking product, or a product 16
containing nicotine by a person under 21 years of age [MINOR] is a violation 17
punishable by a fine of not more than $150. Notwithstanding AS 12.55.035(b), in 18
place of any fine imposed for the violation of this subsection, the court may refer 19
a defendant, at the request of the defendant, to a tobacco education program. 20
* Sec. 4. AS 11.76.105 is amended by adding new subsections to read: 21
(d) The supreme court shall establish by rule or order a schedule of bail 22
amounts that may be forfeited without court appearance for a violation of this section 23
by a p