Stricken language would be deleted from and underlined language would be added to present law. *CRH167* 03/12/2025 3:50:07 PM CRH167 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 447 3 4 By: Senator J. Petty 5 By: Representative Hawk 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING ALCOHOLIC 9 BEVERAGES; TO REQUIRE PERMITTED COMMON CARRIERS TO 10 SUBMIT REPORTS DETAILING SHIPMENTS OF ALCOHOLIC 11 BEVERAGES INTO THE STATE; AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO REQUIRE PERMITTED COMMON CARRIERS TO 16 SUBMIT REPORTS DETAILING SHIPMENTS OF 17 ALCOHOLIC BEVERAGES INTO THE STATE. 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code Title 3, Chapter 5, is amended to add an 22 additional subchapter to read as follows: 23 Subchapter 20 — Common Carrier Reporting Act. 24 25 3-5-2001. Title. 26 This act shall be known and may be cited as the "Common Carrier 27 Reporting Act". 28 29 3-5-2002. Definitions. 30 As used in this subchapter: 31 (1) "Alcoholic beverages" means intoxicating liquors of any kind 32 including without limitation beer, light wine, malt liquor, hard cider, 33 spirituous liquor, and vinous liquor as defined by Arkansas law; 34 (2) "Common carrier" means a common carrier by motor vehicle as 35 defined in § 23-13-203; and 36 SB447 2 03/12/2025 3:50:07 PM CRH167 (3)(A) "Consumer" means an individual who orders spirits, wine, 1 or beer to be shipped to an individual or from whom spirits, wine, or beer is 2 ordered. 3 (B) "Consumer" does not include an individual who holds or 4 acts on behalf of a person that holds an alcoholic beverage license 5 authorizing the receipt of shipments for resale or production. 6 7 3-5-2003. Shipment reports. 8 (a)(1) Every quarter, a common carrier carrying a certificate of 9 public convenience and necessity under § 23 -13-218 shall submit to the 10 Department of Finance and Administration a report containing the following 11 information related to shipments to a consumer: 12 (A) Name, business address, and registration 13 identification for the common carrier's certificate of public convenience and 14 necessity; 15 (B) Time period covered by the report required under this 16 section; 17 (C) Total gallons of each type of alcoholic beverage the 18 common carrier shipped to Arkansas addresses during the reporting period, 19 categorized by each type of alcoholic beverage; 20 (D) Dates of delivery for each delivery made during the 21 reporting period and including the: 22 (i) Type of alcoholic beverages delivered; 23 (ii) Amount of alcoholic beverages delivered; 24 (iii) Name brand of the alcoholic beverages 25 delivered; 26 (iv) Common carrier’s parcel tracking number for the 27 shipment; and 28 (v) Recipient’s zip code; and 29 (E) Name, business address, and Alcohol and Tobacco Tax 30 and Trade Bureau permit number for each supplier or manufacturer of each 31 delivery. 32 (2) If no alcoholic beverages were shipped into Arkansas during 33 the reporting period by a common carrier, the common carrier shall submit a 34 report stating that no alcoholic beverages were shipped into Arkansas during 35 the reporting period. 36 SB447 3 03/12/2025 3:50:07 PM CRH167 (b) The department may require a common carrier filing a report under 1 this subchapter to submit additional information, including without 2 limitation business records, to substantiate information on the report. 3 4 3-5-2004. Penalties. 5 (a) The Department of Finance and Administration shall report to the 6 Arkansas Department of Transportation any common carrier that fails to submit 7 the reports required under § 3 -5-2003 or the additional information required 8 by this subchapter. 9 (b) A common carrier that is reported under subsection (a) of this 10 section is subject to the penalties under § 23 -13-234 for failure to report. 11 12 3-5-2005. Rules. 13 The Secretary of the Department of Finance and Administration may adopt 14 rules to implement this subchapter. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36