00 HOUSE CS FOR CS FOR SENATE BILL NO. 115(TRA) 01 "An Act relating to vehicle registration fees; and relating to the motor fuel tax." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 28.10.421 is amended by adding a new subsection to read: 04 (k) In addition to the other fees imposed under this section, the owner of an 05 electric vehicle shall pay a special biennial registration fee of $100, and the owner of a 06 plug-in hybrid vehicle shall pay a special biennial registration fee of $50. Fees 07 collected under this subsection shall be deposited in the special highway fuel tax 08 account described in AS 43.40.010(g). In this subsection, 09 (1) "electric vehicle" means a vehicle that is 10 (A) powered solely by an electric motor drawing current from 11 rechargeable batteries, fuel cells, or other portable sources of electrical current; 12 and 13 (B) manufactured primarily for use on public streets, roads, and 14 highways; 15 (2) "plug-in hybrid vehicle" means a vehicle that is 01 (A) capable of using gasoline, diesel fuel, or alternative fuel, 02 and is powered in part by electrical energy using a battery storage system 03 capable of being recharged from an external source of electricity; and 04 (B) manufactured primarily for use on public streets, roads, and 05 highways. 06  * Sec. 2. AS 28.35.155(a) is amended to read: 07 (a) It is unlawful to operate a motor vehicle with studded tires or tires with 08 chains attached on a paved highway or road from May 1 through September 15, 09 inclusive, north of 60 North Latitude and from April 15 through September 30, 10 inclusive, south of 60 North Latitude, except that at any latitude on a paved portion of 11 the Sterling Highway a person may not operate a motor vehicle with studded tires or 12 tires with chains attached from May 1 through September 15, inclusive. The 13 commissioner of public safety shall by emergency order provide for additional lawful 14 operating periods based on unusual seasonal or weather conditions. An emergency 15 order adopted under this section is not subject to AS 44.62 (Administrative Procedure 16 Act). Upon application, a special individual traction permit may be issued by the 17 Department of Administration allowing the operation of a motor vehicle with studded 18 tires or chains at any time at the discretion of the vehicle owner. The fee for the 19 special individual permit is one-third of the biennial registration fee applicable to that 20 class of vehicle under AS 28.10.421(b), (c), or (h) [AS 28.10.421]. The department 21 may provide an appropriate sticker or other device identifying the vehicle to which the 22 permit applies. 23  * Sec. 3. AS 43.40.010(a) is amended to read: 24 (a) In addition to the surcharge levied under AS 43.40.005, there is levied a 25 tax of 16 [EIGHT] cents a gallon on all motor fuel sold or otherwise transferred within 26 the state, except that 27 (1) the tax on aviation gasoline is four and seven-tenths cents a gallon; 28 (2) the tax on motor fuel used in and on watercraft of all descriptions is 29 10 [FIVE] cents a gallon; 30 (3) the tax on all aviation fuel other than gasoline is three and two- 31 tenths cents a gallon; and 01 (4) the tax rate on motor fuel that is blended with alcohol is the same 02 tax rate a gallon as other motor fuel; however, in an area and during the months in 03 which fuel containing alcohol is required to be sold, transferred, or used in an effort to 04 attain air quality standards for carbon monoxide as required by federal or state law or 05 regulation, the tax rate on motor fuel that is blended with alcohol is six cents a gallon 06 less than the tax on other motor fuel not described in (1) - (3) of this subsection. 07  * Sec. 4. AS 43.40.010(b) is amended to read: 08 (b) In addition to the surcharge levied under AS 43.40.005, there is levied a 09 tax of 16 [EIGHT] cents a gallon on all motor fuel consumed by a user, except that 10 (1) the tax on aviation gasoline consumed is four and seven-tenths 11 cents a gallon; 12 (2) the tax on motor fuel used in and on watercraft of all descriptions is 13 10 [FIVE] cents a gallon; 14 (3) the tax on all aviation fuel other than gasoline is three and two- 15 tenths cents a gallon; and 16 (4) the tax rate on motor fuel that is blended with alcohol is the same 17 tax rate a gallon as other motor fuel; however, in an area and during the months in 18 which fuel containing alcohol is required to be sold, transferred, or used in an effort to 19 attain air quality standards for carbon monoxide as required by federal or state law or 20 regulation, the tax rate on motor fuel that is blended with alcohol is six cents a gallon 21 less than the tax on other motor fuel not described in (1) - (3) of this subsection. 22  * Sec. 5. AS 43.40.030(a) is amended to read: 23 (a) Except as specified in AS 43.40.010(j), a person who uses motor fuel to 24 operate 25 (1) an internal combustion engine is entitled to a motor fuel tax refund 26 of 12 [SIX] cents a gallon if 27 (A) [(1)] the tax on the motor fuel has been paid; 28 (B) [(2)] the motor fuel is not aviation fuel, or motor fuel used 29 in or on watercraft; and 30 (C) [(3)] the internal combustion engine is not used in or in 31 conjunction with a motor vehicle licensed to be operated on public ways; or  01 (2) a watercraft licensed under AS 16.05.490 or 16.05.530 and used  02 for commercial fishing is entitled to a motor fuel tax refund of five cents a gallon  03 if the tax on the motor fuel has been paid. 04  * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: REGULATIONS. The Department of Revenue may adopt regulations 07 necessary to implement the changes made by this Act. The regulations take effect under 08 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 09 implemented by the regulation.