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SB 127: "An Act relating to vehicle rental taxes; relating to the issuance of subpoenas related to tax records; and providing for an effective date."

00 SENATE BILL NO. 127 01 "An Act relating to vehicle rental taxes; relating to the issuance of subpoenas related to 02 tax records; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.05.040(c) is amended to read: 05 (c) If a person who is subpoenaed neglects or refuses to obey the subpoena 06 issued as provided in this section, the department may report the fact to the superior 07 court [OR THE APPROPRIATE COURT OF ANOTHER JURISDICTION], and may 08 seek an order from the court compelling obedience to the subpoena. The court, to the 09 maximum extent permitted by law, may compel obedience to the subpoena [TO THE 10 SAME EXTENT AS WITNESSES MAY BE COMPELLED TO OBEY THE 11 SUBPOENAS OF THE COURT]. 12 * Sec. 2. AS 43.52.050(a) is amended to read: 13 (a) The taxes imposed by AS 43.52.010 - 43.52.099 shall be collected and 14 paid to the department

01 (1) by the 02 (A) vehicle rental platform company that arranged or 03 executed the lease or rental if the lease or rental was arranged or executed 04 through a vehicle rental platform; or 05 (B) person who provides the leased or rented vehicle if the 06 lease or rental was not arranged or executed through a vehicle rental 07 platform; and 08 (2) in the manner and at the times required by the department by 09 regulation. 10 * Sec. 3. AS 43.52.050 is amended by adding a new subsection to read: 11 (c) In this section, 12 (1) "motor vehicle" means a vehicle that is self-propelled except a 13 vehicle moved by human or animal power; 14 (2) "vehicle rental platform" means an application, website, offline 15 booking service, or other system, whether online or offline, offered or used by a 16 vehicle rental platform company that enables the prearrangement of motor vehicle 17 rentals with motor vehicle owners that are not related by common ownership or 18 control with the vehicle rental platform. 19 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 ASSESSMENT AND COLLECTION LIMITATION. Notwithstanding AS 43.05.260 22 and 43.05.270, the Department of Revenue shall have one year from the effective date of this 23 Act to assess and collect taxes under AS 43.52.010 - 43.52.099 that were imposed before the 24 effective date of this Act on a transaction arranged or executed through a vehicle rental 25 platform. If the tax is not assessed and collected before one year after the effective date of this 26 Act, proceedings may not be instituted in court for the assessment or collection of the tax. In 27 this section, "vehicle rental platform" has the meaning given in AS 43.52.050(c), enacted by 28 sec. 3 of this Act. 29 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).