CSHB 260(JUD): "An Act relating to purchase and possession of cigarettes or tobacco products by a person under 19 years of age, to licenses for persons engaged in activities involving tobacco products, to taxes on cigarettes and tobacco products, and to the amount of the bond required to stay execution of a judgment in civil litigation involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco product Master Settlement Agreement during an appeal; amending Rules 204, 205, and 603, Alaska Rules of Appellate Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 260(JUD) 01 "An Act relating to purchase and possession of cigarettes or tobacco products by a 02 person under 19 years of age, to licenses for persons engaged in activities involving 03 tobacco products, to taxes on cigarettes and tobacco products, and to the amount of the 04 bond required to stay execution of a judgment in civil litigation involving a signatory, a 05 successor of a signatory, or an affiliate of a signatory to the tobacco product Master 06 Settlement Agreement during an appeal; amending Rules 204, 205, and 603, Alaska 07 Rules of Appellate Procedure; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 11.76.105 is amended to read: 10 Sec. 11.76.105. Purchase, possession, attempted purchase, or attempted 11 possession [POSSESSION] of tobacco by a person under 19 years of age 12 [MINOR]. (a) A person under 19 years of age may not knowingly purchase, 13 possess, attempt to purchase, or attempt to possess a cigarette, a cigar, tobacco, or a
01 product containing tobacco in this state. This subsection does not apply to a person 02 who is a prisoner at an adult correctional facility, to a person who is assisting an 03 agent or employee of the Department of Health and Social Services under 04 AS 44.29.092, or to a peace officer in the enforcement of this section, 05 AS 11.76.100, 11.76.106, or 11.76.107. 06 (b) Purchase, possession, attempted purchase, or attempted possession 07 [POSSESSION] of tobacco by a person under 19 years of age [MINOR] is a 08 violation. 09 * Sec. 2. AS 43.50.300 is amended to read: 10 Sec. 43.50.300. Excise tax levied. An excise tax is levied on tobacco 11 products in the state at the rate of 75 percent of the wholesale price of the tobacco 12 products. The tax is levied when a person 13 (1) brings, or causes to be brought, a tobacco product into the state 14 from outside the state for sale; 15 (2) makes, manufactures, or fabricates a tobacco product in the state 16 for sale in the state; [OR] 17 (3) ships or transports a tobacco product to a retailer in the state for 18 sale by the retailer or to an individual for personal consumption; or 19 (4) brings, or causes to be brought, a tobacco product into the state 20 from outside the state for personal consumption. 21 * Sec. 3. AS 43.50.320(a) is repealed and reenacted to read: 22 (a) Except as provided in (g) of this section, a person engaging in an activity 23 described in AS 43.50.300(1) - (3) must be licensed by the department as a distributor, 24 and a person engaging in an activity described in AS 43.50.300(4) must be licensed as 25 a buyer. 26 * Sec. 4. AS 43.50.320(b) is amended to read: 27 (b) The department, upon application and payment of a fee of $50, shall issue 28 a license for one year to a person who applies for a distributor license. The 29 department, upon application and payment of a fee of $25, shall issue a license 30 for one year to a person who applies for a buyer license [UNDER (a) OF THIS 31 SECTION].
01 * Sec. 5. AS 43.50.320(d) is amended to read: 02 (d) A distributor license issued under this section must include the name and 03 address of the licensee, the type of business to be conducted, and the year for which 04 the license is issued. 05 * Sec. 6. AS 43.50.320(e) is amended to read: 06 (e) The department may renew a distributor license issued under this section 07 for a fee of $50. The department may renew a buyer license issued under this 08 section for a fee of $25. 09 * Sec. 7. AS 43.50.330(a) is amended to read: 10 (a) On or before the last day of each calendar month, a licensee shall file a 11 return with the department. The return must state the number or amount of tobacco 12 products sold or imported for personal consumption by the licensee during the 13 preceding calendar month, the selling price or purchase price of the tobacco 14 products, and the amount of tax imposed on the tobacco products. 15 * Sec. 8. AS 43.50.390(1) is amended to read: 16 (1) "distributor" means a person who 17 (A) brings, or causes to be brought, a tobacco product into the 18 state from outside the state for sale; 19 (B) makes, manufactures, or fabricates a tobacco product in the 20 state for sale in the state; or 21 (C) ships or transports a tobacco product to a retailer in the 22 state for sale by the retailer or to an individual for personal consumption; 23 * Sec. 9. AS 43.50.390(2) is amended to read: 24 (2) "licensee" means a distributor or buyer who is 25 (A) licensed under AS 43.50.320; or 26 (B) exempted by AS 43.50.320(g) from licensing under 27 AS 43.50.320; 28 * Sec. 10. AS 43.50.390 is amended by adding a new paragraph to read: 29 (6) "buyer" means a person who imports tobacco products for the 30 person's own consumption from a source other than a licensee. 31 * Sec. 11. AS 43.50.510(a) is amended to read:
01 (a) The department shall design and furnish stamps of sizes and 02 denominations as determined by the department. The stamps shall be printed with 03 the name of the state and a serial number, and whatever other markings the 04 department considers appropriate. 05 * Sec. 12. AS 43.50.510(d) is amended to read: 06 (d) For purposes of this section, a stamp is considered affixed only if more 07 than 80 percent of the stamp is attached to the individual package in accordance with 08 (c) of this section and regulations adopted by the department (d) For purposes of this 09 section, a stamp is considered affixed only if more than 55 [80] percent of the stamp is 10 attached to the individual package in accordance with (c) of this section and 11 regulations adopted by the department and 12 (1) four of the letters of the state name printed on the stamp are 13 legible; or 14 (2) three of the serial numbers printed on the stamp are legible. 15 * Sec. 13. AS 45.53 is amended by adding a new section to read: 16 Sec. 45.53.050. Stays pending appeal in civil cases. (a) Except as provided 17 in (b) of this section, in order to secure and protect the money to be received as a result 18 of the Master Settlement Agreement, in civil tobacco-related litigation under any legal 19 theory involving a signatory, a successor of a signatory, or an affiliate of a signatory to 20 the Master Settlement Agreement, the supersedeas bond to be furnished in order to 21 stay the execution of the judgment during the entire course of appellate review shall be 22 set in accordance with applicable laws or court rules, except that the total bond that is 23 required of all appellants collectively may not exceed $100,000,000 regardless of the 24 value of the judgment. 25 (b) If an appellee proves by a preponderance of the evidence that an appellant 26 is dissipating assets to avoid the payment of a judgment, a court may require the 27 appellant to post a bond in an amount up to the full amount of the judgment. 28 * Sec. 14. AS 47.12.030(b) is amended to read: 29 (b) When a minor is accused of violating a statute specified in this subsection, 30 other than a statute the violation of which is a felony, this chapter and the Alaska 31 Delinquency Rules do not apply and the minor accused of the offense shall be
01 charged, prosecuted, and sentenced in the district court in the same manner as an 02 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 03 subsection, the minor's parent, guardian, or legal custodian shall be present at all 04 proceedings; the provisions of this subsection apply when a minor is accused of 05 violating 06 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 07 a municipality; 08 (2) AS 11.76.105, relating to the purchase, possession, attempted 09 purchase, or attempted possession of tobacco by a person under 19 years of age; 10 (3) a fish and game statute or regulation under AS 16; 11 (4) a parks and recreational facilities statute or regulation under 12 AS 41.21; 13 (5) AS 04.16.050, relating to possession, control, or consumption of 14 alcohol, except for conduct constituting habitual minor consuming or in possession or 15 control under AS 04.16.050(d); and 16 (6) a municipal curfew ordinance, whether adopted under 17 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 18 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for 19 the violation of a municipal curfew ordinance, the court shall allow a defendant the 20 option of performing community work; the value of the community work, which may 21 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 22 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 23 or work that, on the recommendation of the municipal or borough assembly, city 24 council, or traditional village council of the defendant's place of residence, would 25 benefit persons within the municipality or village who are elderly or disabled. 26 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 INDIRECT COURT RULE AMENDMENT. AS 45.53.050, added by sec. 13 of this 29 Act, has the effect of changing Rules 204, 205, and 603, Alaska Rules of Appellate 30 Procedure, by limiting the court's discretion to determine the amount of a supersedeas bond in 31 certain cases.
01 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. AS 43.53.050, added by sec. 13 of this Act, applies to all cases 04 pending on or filed on or after the effective date of this Act. 05 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 CONDITIONAL EFFECT OF SECTION 13. AS 45.53.050, added by sec. 13 of this 08 Act takes effect only if sec. 15 of this Act receives the two-thirds majority vote of each house 09 required by art. IV, sec. 15, Constitution of the State of Alaska. 10 * Sec. 18. This Act takes effect immediately under AS 01.10.070(c).