Legislature(2003 - 2004)

2004-04-28 Senate Journal

Full Journal pdf

2004-04-28                     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.