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CSHB 264(CRA): "An Act relating to a fee for disposable shopping bags; relating to the sale of reusable shopping bags; relating to the recycling of disposable shopping bags; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 264(CRA)                                                                    
01 "An Act relating to a fee for disposable shopping bags; relating to the sale of reusable                                
02 shopping bags; relating to the recycling of disposable shopping bags; and providing for                                 
03 an effective date."                                                                                                     
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 43.98 is amended by adding a new section to read:                                                  
06                   Article 5. Disposable Shopping Bag Fees.                                                            
07 Sec. 43.98.080. Disposable shopping bag fees. (a) Except as provided in (b),                                          
08 (c), and (i) of this section, a fee of 20 cents is imposed for each disposable shopping                                 
09 bag provided by a retail seller of goods or services to a purchaser to carry away or                                    
10       protect goods purchased from, or serviced by, the retail seller.                                                  
11            (b)  The fee established in (a) of this section does not apply to a disposable                               
12       shopping bag that is                                                                                              
13                 (1)  used only to contain a product that does not have other packaging,                                 
14       including bulk grains, fruit, nuts, vegetables, meat, candy, bakery goods, prepared                               
01       foods, or other food products or small hardware items;                                                            
02                 (2)  used only to contain ice;                                                                          
03                 (3)  used only to contain or wrap flowers;                                                              
04                 (4)  provided by a pharmacist for the sole purpose of containing                                        
05       prescription drugs;                                                                                               
06                 (5)  used only to package an unconsumed portion of a bottle of wine in                                  
07       compliance with AS 04.16.120;                                                                                     
08                 (6)  used only to contain a newspaper;                                                                  
09                 (7)  sold in packages containing multiple bags intended for use as                                      
10       garbage, pet waste, or yard waste bags;                                                                           
11                 (8)  a reusable bag; or                                                                                 
12 (9)  for resale, if the purchaser provides the retail seller with a                                                     
13       certificate of use on a form prescribed by the department.                                                        
14 (c)  If a municipality imposes a fee or tax on a disposable shopping bag, the                                           
15 department shall reduce the fee imposed under this section so that the combined tax or                                  
16 fee imposed by the municipality and the fee imposed under this section equals 20                                        
17 cents for each disposable shopping bag. If a municipality imposes a fee or tax on a                                     
18 disposable shopping bag that equals or exceeds 20 cents, the fee under this section                                     
19       does not apply.                                                                                                   
20            (d)  A retail seller                                                                                         
21 (1)  shall add the amount of the fee imposed by this section to the total                                               
22       price of the goods or services subject to the fees;                                                               
23 (2)  shall state the fee separately on any sales receipt, invoice, or other                                             
24 record of the sale or other transfer of the disposable shopping bags subject to this                                    
25       section;                                                                                                          
26 (3)  shall post the amount of the fee imposed under this section                                                        
27       prominently at the point of sale of the retail seller;                                                            
28 (4)  shall collect the fees imposed by this section from the purchaser;                                                 
29       and                                                                                                               
30 (5)  may not rebate or reimburse a purchaser the fee imposed by this                                                    
31       section.                                                                                                          
01 (e)  A retail seller shall file with the department a return on a form prescribed                                       
02 by the department and shall file the return and remit the fees not later than 30 days                                   
03 after the last day of the calendar quarter of the sale for the fees collected during the                                
04       previous calendar quarter.                                                                                        
05 (f)  A retail seller shall keep a record of the number of disposable shopping                                           
06 bags the retail seller has purchased, has been provided with, or has otherwise acquired,                                
07 and shall keep a record of the amount paid on disposable shopping bags subject to this                                  
08 section that are provided or sold to purchasers on a quarterly basis. The retail seller                                 
09 shall keep the records in the manner prescribed under AS 43.99.010 for at least three                                   
10       years after the date of sale.                                                                                     
11 (g)  The provisions of AS 43.05 and AS 43.10 apply to this section. In addition                                         
12 to the penalties in AS 43.05, a retail seller that violates (a) or (d) of this section may be                           
13       subject to an administrative fine of up to                                                                        
14                 (1)  $250 for a first violation;                                                                        
15                 (2)  $500 for a second violation within one year; and                                                   
16                 (3)  $750 for each violation after a second violation within one year.                                  
17 (h)  The department shall collect 75 percent of the fees imposed under this                                             
18 section. The retail seller may retain the other 25 percent of the fees imposed under this                               
19 section. Fees that the retail seller retains under this subsection may be used to cover                                 
20 expenses associated with recycling disposable shopping bags as required under                                           
21       AS 46.06.145.                                                                                                     
22 (i)  This section does not apply to a retail seller in a municipality or an                                             
23 unincorporated community if the municipality or unincorporated community has a                                          
24       population of less than 5,500 people.                                                                             
25            (j)  In this section,                                                                                        
26 (1)  "disposable shopping bag" means a bag, other than a reusable bag,                                                  
27 provided by a retail seller at a check-out stand, register, point of sale, or other point of                            
28 departure for the purpose of transporting food or merchandise out of the                                                
29 establishment; a "disposable shopping bag" may be made of compostable or                                                
30       biodegradable material;                                                                                           
31                 (2)  "retail seller" includes                                                                           
01                      (A)  a market, grocery store, convenience store, drug store, or                                    
02            similar establishment that                                                                                   
03                           (i)  is located in a permanent building;                                                      
04                           (ii)  sells at retail household supplies, perishable items,                                   
05                 or food merchandise, including meat, produce, dairy products, or snack                                  
06                 foods; or                                                                                               
07                      (B)  a retail establishment that has annual gross sales of                                         
08            $250,000 or more in the previous calendar year and that provides disposable                                  
09            shopping bags;                                                                                               
10                 (3)  "reusable bag" means a bag that                                                                    
11 (A)  is designed and manufactured to withstand repeated use                                                             
12            over time;                                                                                                   
13 (B)  is machine washable or is made from material that can be                                                           
14            cleaned and disinfected regularly;                                                                           
15 (C)  if it is made from plastic, is made with plastic that is at                                                        
16            least four mils thick;                                                                                       
17                      (D)  has a minimum lifetime of 75 uses; and                                                        
18                      (E)  has the capacity to carry at least 18 pounds.                                                 
19    * Sec. 2. AS 46.06 is amended by adding a new section to read:                                                     
20 Sec. 46.06.145. Recycling disposable shopping bags; reusable bag sales. (a)                                           
21 A retail seller that provides as a routine part of business a disposable shopping bag to a                              
22 purchaser shall, at the entrance of the retail establishment, accept clean disposable                                   
23       shopping bags and arrange for the recycling of those bags.                                                        
24 (b)  A disposable shopping bag that a retail seller provides to a purchaser must                                        
25 have printed on the bag a recycling symbol and indication that the bag can be returned                                  
26 to the retail seller for recycling. The retail seller shall ensure that a disposable                                    
27       shopping bag is marked as required by this subsection.                                                            
28 (c)  A retail seller shall make reusable bags available for purchase at the point                                       
29       of sale of the retail establishment.                                                                              
30 (d)  A retail seller that violates this section may be subject to an administrative                                     
31       fine of up to                                                                                                     
01                 (1)  $250 for a first violation;                                                                        
02                 (2)  $500 for a second violation within one year; and                                                   
03                 (3)  $750 for each violation after a second violation within one year.                                  
04            (e)  This section does not apply to a retail seller in a municipality or an                                  
05       unincorporated community if the municipality or unincorporated community has a                                    
06       population of less than 5,500 people.                                                                             
07            (f)  In this section,                                                                                        
08                 (1)  "disposable shopping bag" has the meaning given in                                                 
09       AS 43.98.080(j);                                                                                                  
10                 (2)  "retail seller" has the meaning given in AS 43.98.080(j);                                          
11                 (3)  "reusable bag" has the meaning given in AS 43.98.080(j).                                           
12    * Sec. 3. This Act takes effect January 1, 2019.