HB 362: "An Act relating to restrictions on shipping or transporting cigarettes; and providing for an effective date."
00 HOUSE BILL NO. 362 01 "An Act relating to restrictions on shipping or transporting cigarettes; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.50.105(b) is amended to read: 05 (b) A person who is licensed under this chapter may not ship or cause to be 06 shipped cigarettes to a person in this state unless the person receiving the cigarettes 07 (1) is licensed under this chapter; 08 (2) holds a tobacco endorsement under AS 43.70.075; 09 (3) is an operator of a customs bonded warehouse under 19 U.S.C. 10 1311 or 19 U.S.C. 1555; [OR] 11 (4) is an instrumentality of the federal government or an Indian tribal 12 organization authorized by law to possess cigarettes not taxed under this chapter; or 13 (5) is an individual receiving the cigarettes for personal 14 consumption and the tax imposed on the cigarettes under this chapter has been
01 paid. 02 * Sec. 2. AS 43.50.105(c) is amended to read: 03 (c) A common or contract carrier may not knowingly transport cigarettes to a 04 person in this state unless the person 05 (1) shipping the cigarettes is licensed under this chapter and, before 06 shipment, provides the common or contract carrier with a copy of the person's current 07 license issued by the department and an affidavit from the intended recipient 08 certifying that the person receiving the cigarettes is a person described under (b)(1) - 09 (5) [(b)(1) - (4)] of this section; or 10 (2) receiving the cigarettes is a person described under (a)(2) or (3) of 11 this section or is licensed under this chapter and, before receipt, provides the common 12 or contract carrier with a copy of the person's current license issued by the department. 13 * Sec. 3. AS 43.50.105(d) is amended to read: 14 (d) If the cigarettes are transported by a common or contract carrier to a home 15 or residence, it is rebuttably presumed that the common or contract carrier knew that 16 the person receiving the cigarettes was not a person described under (b)(1) - (5) [(b)(1) 17 - (4)] of this section, unless the person shipping the cigarettes has satisfied the 18 requirements in (c)(1) of this section. 19 * Sec. 4. AS 43.50.105(e) is amended to read: 20 (e) A person, other than a common or contract carrier, may not knowingly 21 transport cigarettes to a person in this state, unless the person receiving the cigarettes 22 is a person described under (b)(1) - (5) [(b)(1) - (4)] of this section. 23 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).