Legislature(1997 - 1998)
1997-04-10 Senate Journal
Full Journal pdf1997-04-10 Senate Journal Page 1080 SB 13 SENATE BILL NO. 13 An Act relating to taxes on cigarettes and tobacco products, and to the use of the proceeds of those taxes; and providing for an effective date was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 1077. Without objection, CS FOR SENATE BILL NO. 13(RLS) An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date was adopted and read the second time. 1997-04-10 Senate Journal Page 1081 SB 13 Senator Ellis offered Amendment No. 1 : Page 1, line 2: Delete "35.5 mills" Insert "50 mills" Page 2, line 7: Delete "38" Insert "52.5" Page 2, line 15: Delete "ª38ß" Insert "ª52.5ß" Page 2, line 23: Delete "47.5" Insert "62" Page 4, line 4 Delete "35.5 mills" Insert "50 mills" Senator Ellis moved for the adoption of Amendment No. 1. Senator Sharp objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 13(RLS) Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Duncan, Ellis, Green, Hoffman, Lincoln, Mackie Nays: Donley, Halford, Kelly, Leman, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Pearce 1997-04-10 Senate Journal Page 1082 SB 13 and so, Amendment No. 1 failed. Senator Ward offered Amendment No. 2 : Page 1, line 1, following "products,": Delete "and" Page 1, line 2, following "taxes": Insert ", to penalties for sales or gifts of tobacco to persons under 19 years of age, to penalties for possession of tobacco by a person under 19 years of age, and to revocations and suspensions of licenses of cigarette tax and tobacco tax licensees for selling or giving cigarettes or tobacco to persons under 19 years of age" Page 1, line 6: Delete "sec. 2" Insert "sec. 5" Page 1, line 9: Delete "sec. 4" Insert "sec. 7" Page 1, line 12: Delete "sec. 5" Insert "sec. 8" Page 2, following line 3: Insert new bill sections to read: "* Sec. 2. AS11.76.100(d) is amended to read: (d) A person (1) who violates (a)(1) of this section by selling, exchanging, ªSELLINGß or giving tobacco to a person under 19 years of age ªMINORß is guilty of a class A misdemeanor, except that, if within the five years preceding the offense, the person has previously been convicted under this subsection or a law or ordinance of this or another jurisdiction with elements substantially similar to this section, the person is guilty of a class C felony; 1997-04-10 Senate Journal Page 1083 SB 13 (2) who maintains a vending machine in violation of (a)(2) of this section commits a violation and upon conviction is punishable by a fine of not less than $300. * Sec. 3. AS11.76.105(b) is amended to read: (b) Possession of tobacco or a product containing tobacco in violation of (a) of this section by a person under 19 years of age ªMINORß is a violation. * Sec. 4. AS43.50.070 is amended to read: Sec. 43.50.070. Revocation of licenses. The department shall revoke a license issued under AS43.50.010 - 43.50.180 for a violation of AS11.76.100(a)(1). The department may suspend or revoke a license issued under AS43.50.010 - 43.50.180 (1) for a criminally negligent violation of AS11.76.107, ªAS 11.76.100, 11.76.107 ORß a violation of AS11.76.100(a)(2) or AS43.50.010 - 43.50.180, or a regulation of the department adopted under AS43.50.010 - 43.50.180; (2) if a licensee ceases to act in the capacity for which the license was issued; or (3) if a manufacturer, distributor, or wholesale distributor negligently sells tobacco or products containing tobacco to a nonlicensed retailer or a retailer whose license endorsement under AS43.70.075 has been suspended. A person whose license is suspended or revoked may not sell cigarettes or permit cigarettes to be sold during the period of the suspension or revocation on the premises occupied or controlled by that person. A disciplinary proceeding or action is not barred or abated by the expiration, transfer, surrender, renewal, or extension of a license issued under AS43.50.010 - 43.50.180. The department shall comply with the provisions of AS44.62 ( ªTHEß Administrative Procedure Act ª(AS 44.62ß)." Renumber the following bill sections accordingly. Page 3, following line 1: Insert a new bill section to read: "* Sec. 9. AS43.50.320(f) is amended to read: (f) The department shall revoke a license issued under this section for a violation of AS11.76.100(a)(1) and may suspend or revoke a license issued under this section if the licensee violates AS11.76.100(a)(2) or violates a provision of AS43.50.300 - 43.50.390 or a regulation adopted under AS43.50.370." 1997-04-10 Senate Journal Page 1084 SB 13 Renumber the following bill sections accordingly. Page 3, line 22: Delete "Sections 3 and 4" Insert "Sections 6 and 7" Page 3, line 25: Delete "sec. 2" Insert "sec. 5" Page 3, line 29: Delete "sec. 2" Insert "sec. 5" Page 3, line 31: Delete "secs. 3 and 4" Insert "secs. 6 and 7" Delete "sec. 9" Insert "sec. 13" Page 4, line 1: Delete "secs. 3 and 4" Insert "secs. 6 and 7" Page 4, line 3: Delete "sec. 2" Insert "sec. 5" Page 4, line 5: Delete "sec. 4" Insert "sec. 7" Page 4, following line 5: Insert a new bill section to read: "* Sec. 15. APPLICABILITY OF PENAL PROVISIONS. Sections 2 - 4, and 9 of this Act apply to offenses committed on or after the effective date of those sections. References in AS11.76.100(d)(1), amended by sec.2 of this Act, to prior or previous convictions refer to convictions occurring on or after the effective date of secs. 2 - 4, and 9 of this Act." 1997-04-10 Senate Journal Page 1085 SB 13 Page 4, line 6: Delete "Sections 1, 2, 5 - 8, and 10" Insert "Sections 1 - 5, 8 - 12, 14, and 15" Page 4, line 7: Delete "secs. 3 and 4" Insert "secs. 6 and 7" Delete "sec. 9" Insert "sec. 13" Page 4, line 9: Delete "sec. 2" Insert "sec. 5" Page 4, line 13: Delete "sec. 2" Insert "sec. 5" Senator Ward moved for the adoption of Amendment No. 2. Objections were heard. Senator Ward moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 13(RLS) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 13(RLS) An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date pass the Senate? The roll was taken with the following result: 1997-04-10 Senate Journal Page 1086 SB 13 CSSB 13(RLS) Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken Nays: Donley, Green, Taylor, Ward and so, CS FOR SENATE BILL NO. 13(RLS) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ward gave notice of reconsideration.