Legislature(2003 - 2004)

2003-05-08 Senate Journal

Full Journal pdf

2003-05-08                     Senate Journal                      Page 1250
SB 168                                                                                            
SENATE BILL NO. 168 "An Act relating to issuance and revocation                                     
of licenses for the importation, sale, distribution, or manufacture of                              
cigarettes and tobacco products; relating to a tax refund or credit for                             
unsaleable, returned, or destroyed tobacco products; relating to                                    
restrictions on shipping or transporting cigarettes; relating to records                            
concerning the sale of cigarettes; amending and adding definitions                                  
relating to cigarette taxes; relating to the payment of cigarette taxes;                            
relating to penalties applicable to cigarette taxes; relating to the                                
definition of the wholesale price of tobacco products; relating to                                  
payment of cigarette taxes through the use of cigarette tax stamps;                                 
relating to provisions making certain cigarettes contraband and subject                             
to seizure and forfeiture; relating to certain crimes, penalties, and                               
interest concerning tobacco taxes and sales; and providing for an                                   
effective date" was read the second time.                                                           
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 1179.                                  
Without objection, CS FOR SENATE BILL NO. 168(FIN) "An Act                                          
relating to issuance and revocation of licenses for the importation,                                
sale, distribution, or manufacture of cigarettes and tobacco products;                              
relating to a tax refund or credit for unsaleable, returned, or destroyed                           
tobacco products; relating to restrictions on and penalties for shipping                            
or transporting cigarettes; relating to records concerning the sale of                              
cigarettes; amending and adding definitions relating to cigarette taxes;                            
relating to the payment of cigarette taxes; relating to penalties                                   
applicable to cigarette taxes; relating to the definition of the wholesale                          
price of tobacco products; relating to payment of cigarette taxes                                   
through the use of cigarette tax stamps; relating to provisions making                              
certain cigarettes contraband and subject to seizure and forfeiture;                                
relating to certain crimes, penalties, and interest concerning tobacco                              
taxes and stamps; relating to cigarette sales; and providing for an                                 
effective date" was adopted.                                                                        

2003-05-08                     Senate Journal                      Page 1251
Senator Bunde offered Amendment No. 1 :                                                              
                                                                                                    
Page 2, line 3:                                                                                     
 Delete "sec. 17"                                                                                   
 Insert  "sec. 19"                                                                                  
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "sec. 17"                                                                                   
 Insert  "sec 19"                                                                                   
                                                                                                    
Page 4, following line 25:                                                                          
 Insert a new bill section to read:                                                                 
"*  Sec. 8.  AS 43.50.090 is amended by adding a new subsection to                                
read:                                                                                               
           (d) The tax imposed under (a) of this section does not                                   
          apply to the first 100 cigarettes imported by an individual for                           
          personal consumption during the calendar month."                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
"*  Sec. 15.  AS 43.50.190 is amended by adding a new subsection to                               
read:                                                                                               
           (c) The tax imposed under (a) of this section does not                                   
          apply to the first 100 cigarettes imported by an individual for                           
          personal consumption during the calendar month."                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 22, line 7:                                                                                    
 Delete "sec. 22"                                                                                   
 Insert  "sec. 24"                                                                                  
                                                                                                    
Page 22, line 16:                                                                                   
 Delete "sec. 17"                                                                                   
 Insert  "sec. 19"                                                                                  
                                                                                                    
Page 22, line 20:                                                                                   
 Delete "sec. 17"                                                                                   

2003-05-08                     Senate Journal                      Page 1252
 Insert  "sec. 19"                                                                                  
                                                                                                    
Page 22, line 21:                                                                                   
 Delete "Section 19"                                                                                
 Insert  "Section 21"                                                                               
                                                                                                    
Page 22, line 22:                                                                                   
 Delete "sec. 21"                                                                                   
 Insert  "sec. 23"                                                                                  
                                                                                                    
Senator Bunde moved for the adoption of Amendment No. 1. Senator                                    
Taylor objected.                                                                                    
                                                                                                    
Senator Taylor moved for the adoption of the following amendment to                                 
Amendment No. 1:                                                                                    
                                                                                                    
AS 43.50.090                                                                                        
Paragraph (d)                                                                                       
 Delete "100"                                                                                       
 Insert  "200"                                                                                      
                                                                                                    
AS 43.50.190                                                                                        
Paragraph (c)                                                                                       
 Delete "100"                                                                                       
 Insert  "200"                                                                                      
                                                                                                    
Senator Bunde objected.                                                                             
                                                                                                    
The question being: "Shall the amendment to Amendment No. 1 be                                      
adopted?" The roll was taken with the following result:                                             
                                                                                                    
CSSB 168(FIN)                                                                                       
Second Reading                                                                                      
Amendment to Amendment No. 1                                                                        
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Green, Hoffman, Ogan, Olson, Stevens B, Taylor                                               
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Lincoln, Seekins, Stevens G, Therriault, Wagoner, Wilken                                            
                                                                                                    

2003-05-08                     Senate Journal                      Page 1253
and so, the amendment to Amendment No. 1 failed.                                                    
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 168(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Lincoln, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault,                                   
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Guess, Hoffman, Olson                                                                        
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 168(FIN) am                                      
will be on the May 9 calendar.