Legislature(2003 - 2004)
2004-04-28 Senate Journal
Full Journal pdf2004-04-28 Senate Journal Page 3141 SB 368 SENATE BILL NO. 368 "An Act relating to taxes on cigarettes and tobacco products; relating to tax stamps on cigarettes; relating to forfeiture of cigarettes and of property used in the manufacture, transportation, or sale of unstamped cigarettes; relating to licenses and licensees under the Cigarette Tax Act; 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 3097. Without objection, CS FOR SENATE BILL NO. 368(FIN) "An Act relating to taxes on cigarettes and tobacco products, to tax stamps on cigarettes, to forfeiture of cigarettes and of property used in the manufacture, transportation, or sale of unstamped cigarettes, and to licenses and licensees under the Cigarette Tax Act; and providing for an effective date" was adopted. Senator Bunde offered Amendment No. 1 : Page 6, line 14, following "(a)": Delete "The" Insert "Upon a showing of probable cause that a person has committed the crime of misconduct involving unstamped cigarettes or stamps in the first degree under AS 43.50.640, the" Page 7, lines 20-21: Delete "or 43.50.650" Page 8, line 18: Delete "or 43.50.650" Page 9, following line 23: Insert new bill sections to read: "* Sec. 22. AS 43.50.640(a) is amended to read: (a) A person commits the crime of misconduct involving unstamped cigarettes or stamps in the first degree if the person (1) with reckless disregard that the cigarettes are unstamped (A) sells or distributes 5,000 [1,000] or more unstamped cigarettes in a single transaction; 2004-04-28 Senate Journal Page 3142 (B) owns or possesses 5,000 [1,000] or more unstamped cigarettes with the intent to sell; or (C) acquires, holds, transports, imports, or possesses 10,000 or more unstamped cigarettes; or (2) with reckless disregard that the stamp was previously affixed to another cigarette package[;] (A) affixes a previously used stamp to a cigarette package; or (B) possesses, sells, or distributes a previously used stamp. * Sec. 23. AS 43.50.650(a) is amended to read: (a) A person commits the crime of misconduct involving unstamped cigarettes or stamps in the second degree if the person (1) with reckless disregard that the cigarettes are unstamped (A) sells or distributes at least one but fewer than 5,000 [1,000] unstamped cigarettes in a single transaction; (B) owns or possesses at least one but fewer than 5,000 [1,000] unstamped cigarettes, with intent to sell; or (C) acquires, holds, transports, imports, or possesses at least one but fewer than 10,000 unstamped cigarettes; or (2) is not licensed under this chapter or otherwise authorized by the department to possess stamps and possesses a stamp that is not affixed to a cigarette package." Renumber following bill sections accordingly. Senator Bunde moved for the adoption of Amendment No. 1. Without objection, 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 Green objected. President Therriault stated CS FOR SENATE BILL NO. 368(FIN) am will be on the April 29 calendar.