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6-12A-5
Section 6-12A-5 Reporting to commissioner; disclosure; escrow fund. (a) Reporting by
wholesalers and distributors. Not later than 20 days after the end of each month, and more
frequently if so directed by the commissioner, each wholesaler and distributor shall submit
all the information the commissioner requires to facilitate compliance with this chapter,
including, but not limited to, a list by brand family of the total number of cigarettes or
in the case of roll your own, the equivalent stick count for which the wholesalers and distributors
affixed stamps during the previous month or otherwise paid the tax due for any cigarettes.
The wholesaler or distributor shall maintain, and make available to the commissioner, all
invoices and documentation of sales of all non-participating manufacturer cigarettes and any
other information relied upon in reporting to the commissioner for a period of five years.
(b) Disclosure of information. Notwithstanding any other law or rule, including...
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6-12A-3
Section 6-12A-3 Tobacco product manufacturer certification; directory; stamping, sale,
or import of cigarettes not in directory. (a) Certification. Every tobacco product manufacturer
whose cigarettes are sold in this state whether directly or through a distributor, retailer,
or similar intermediary or intermediaries shall execute and deliver on a form prescribed by
the commissioner, a certification to the commissioner no later than the thirtieth day of April
each year, certifying that, as of the date of the certification, the tobacco product manufacturer
either: Is a participating manufacturer or is in full compliance with Section 6-12-3,
including all quarterly installment payments required by subsection (e) of Section
6-12A-5. (1) Each participating manufacturer shall include in its certification a list of
its brand families. The participating manufacturer shall update its list 30 days prior to
any addition or modification to its brand families by executing and delivering a...
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6-12A-2
Section 6-12A-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated
from one another by means of additional modifiers or descriptors, including, but not limited
to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction
with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern
of colors, or any other indicia of product identification identical or similar to, or identifiable
with, a previously known brand of cigarettes. (2) CIGARETTE. As defined under subdivision
(4) of Section 6-12-2. (3) COMMISSIONER. The Commissioner for the Department of Revenue
for the State of Alabama. (4) DISTRIBUTOR. A person, wherever resident or located, who purchases
non-tax-paid cigarettes and stores, sells, or otherwise disposes of the...
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6-12-2
Section 6-12-2 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) ADJUSTED FOR INFLATION. Increased in accordance with the formula
for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) AFFILIATE.
A person who directly or indirectly owns or controls, is owned or controlled by, or is under
common ownership or control with, another person. Solely for purposes of this definition,
the terms "owns," "is owned," and "ownership" mean ownership
of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person"
means an individual, partnership, committee, association, corporation, or any other organization
or group of persons. (3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master
Settlement Agreement. (4) CIGARETTE. Any product that contains nicotine, is intended to be
burned or heated under ordinary conditions of use, and consists of or contains (i) any roll
of...
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27-29-5
Section 27-29-5 Transactions of insurers with affiliates; adequacy of surplus; dividends
and other distributions. (a) Transactions within an insurance holding company system to which
an insurer subject to registration is a party shall be subject to all of the following standards:
(1) The terms shall be fair and reasonable. (2) Agreements for cost sharing services and management
shall include such provisions as required by rule and regulation issued by the commissioner.
(3) Charges or fees for services performed shall be reasonable. (4) Expenses incurred and
payment received shall be allocated to the insurer in conformity with customary insurance
accounting practices consistently applied. (5) The books, accounts, and records of each party
to all such transactions shall be so maintained as to clearly and accurately disclose the
nature and details of the transactions including such accounting information as is necessary
to support the reasonableness of the charges or fees to the...
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40-23-260
Section 40-23-260 Program established; definitions; informational reports; Wholesale
and Distributor Reporting Advisory Group. (a) This article shall establish the Wholesale to
Retail Accountability Program or "WRAP". (b) For the purpose of this article, the
following words shall have the following meanings: (1) DEPARTMENT. The State Department of
Revenue. (2) LICENSED BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama
Alcoholic Beverage Control Board, selling or distributing beer or wine in this state. (3)
PERSON. Any individual, firm, partnership, association, corporation, limited liability company,
receiver, trustee, or any other entity. (4) RETAILER. A person or group of persons that have
a relationship with each other as defined in Section 267(b) of the federal Internal
Revenue Code whose primary business is the sale of tangible personal property at retail, including
supporting operations such as warehousing, shipping, and storage of product, and who holds
a...
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25-4-51
Section 25-4-51 Rates of contributions, etc., by employers. (a) Contributions. Except
as hereinafter provided and subject to the provisions of Section 25-4-54, every employer
shall pay contributions, or payments in lieu of contributions, equal to the percentages of
wages payable or paid as hereinafter set out, with respect to employment by him. (1) With
respect to employment during calendar years after December 31, 1975, every employer who has
been liable to the provisions of this chapter during a period of time sufficient to have his
rate of contribution determined under the experience rating provisions of Section 25-4-54
shall pay contributions at the rate prescribed thereby. (2) With respect to employment after
December 31, 1975, every employer who has not been liable to the provisions of this chapter
for a sufficient length of time to have his rate determined under the experience rating provisions
of Section 25-4-54 shall pay contributions at the rate of 2.70 percent of such wages...
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25-4-78
Section 25-4-78 Disqualifications for benefits. An individual shall be disqualified
for total or partial unemployment for any of the following: (1) LABOR DISPUTE IN PLACE OF
EMPLOYMENT. For any week in which an individual's total or partial unemployment is directly
due to a labor dispute still in active progress in the establishment in which he or she is
or was last employed. For the purposes of this section only, the term labor dispute
includes any controversy concerning terms, tenure, or conditions of employment, or concerning
the association or representation of persons in negotiating, fixing, maintaining, changing,
or seeking to arrange terms or conditions of employment, regardless of whether the disputants
stand in the proximate relation of employer and employee. This definition shall not relate
to a dispute between an individual worker and his or her employer. (2) VOLUNTARILY QUITTING
WORK. If an individual has left his or her most recent bona fide work voluntarily without
good...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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6-12-3
Section 6-12-3 Election between settlement and escrow fund. (a) Any tobacco product
manufacturer selling cigarettes to consumers within the state, whether directly or through
a distributor, retailer, or similar intermediary or intermediaries, after June 9, 1999, shall
do one of the following: (1) Become a participating manufacturer, as that term is defined
in Section II(jj) of the Master Settlement Agreement, and generally perform its financial
obligations under the Master Settlement Agreement. (2) a. Place into a qualified escrow fund,
by April 15 of the year following the year in question, the following amounts, as such amounts
are adjusted for inflation: 1999: $.0094241 per unit sold after June 9, 1999; 2000: $.0104712
per unit sold; For each of 2001 and 2002: $.0136125 per unit sold; For each of 2003 through
2006: $.0167539 per unit sold; For each of 2007 and each year thereafter: $.0188482 per unit
sold. b. A tobacco product manufacturer that places funds into escrow pursuant to...
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