00 HOUSE BILL NO. 264 01 "An Act providing for a fishery resource landing tax; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43 is amended by adding a new chapter to read: 05 CHAPTER 77. FISHERY RESOURCE LANDING TAX. 06 Sec. 43.77.010. LANDING TAX. A person owning a fishery resource that is 07 not subject to AS 43.75 but that is brought into the jurisdiction of, and first landed in, 08 this state is liable for and shall pay a landing tax on the value of the fishery resource. 09 The amount of the tax is 3.3 percent of the value of the fishery resource at the place 10 of the landing. 11 Sec. 43.77.020. FILING RETURN AND PAYMENT OF TAX. (a) A person 12 subject to the tax under this chapter shall file a return stating the value of fishery 13 resources landed in the state, the point of landing of the resources, and other 14 information the department prescribes by regulation. 01 (b) The return shall be made on the basis of the calendar year to the 02 department at Juneau before April 1 after the close of the calendar year, and the tax 03 shall be paid with the return. 04 (c) The department may, under regulations adopted by the department, grant 05 a reasonable extension of time for the filing. A grant of an extension of time for filing 06 does not extend the time for payment of the tax. 07 Sec. 43.77.030. CREDIT FOR TAXES PAID OTHER STATES. A credit, not 08 to exceed the taxpayer's liability for the tax under this chapter on a fishery resource, 09 shall be granted the taxpayer for taxes equivalent to those imposed under AS 43.75 and 10 AS 43.76 that are paid to another state in which the fishery resource was either caught 11 or processed. 12 Sec. 43.77.040. REVENUE SHARING. (a) The tax collection on 3/10 of one 13 percent of the value of the fishery resource under AS 43.77.010 shall be paid into a 14 separate account in the general fund. The annual estimated balance in the account may 15 be appropriated by the legislature to the Alaska Seafood Marketing Institute and for 16 other public purposes. 17 (b) The tax collected on three percent of the value of the fishery resource 18 under AS 43.77.010 shall be paid into a separate account in the general fund. The 19 annual estimated balance in the account may be appropriated by the legislature for 20 revenue sharing under AS 43.77.050 and other public purposes. 21 Sec. 43.77.050. REVENUE SHARING. (a) Subject to appropriation by the 22 legislature and except as provided in (b) of this section, the commissioner shall pay 23 to each 24 (1) unified municipality and to each city located in the unorganized 25 borough, 50 percent of the amount of tax revenue collected from taxes levied under 26 this chapter on fishery resources landed in the municipality; 27 (2) city located within a borough, 25 percent of the amount of tax 28 revenue collected from taxes levied under this chapter on fishery resources landed in 29 the city; and 30 (3) borough 31 (A) 50 percent of the amount of tax revenue collected from 01 taxes levied under this chapter on fishery resources landed in the area of the 02 borough outside cities; and 03 (B) 25 percent of the amount of tax revenue collected from 04 taxes levied under this chapter on fishery resources landed in cities located 05 within the borough. 06 (b) Notwithstanding the provisions of (a)(2) and (a)(3)(B) of this section, and 07 subject to appropriation by the legislature, the commissioner shall pay to each 08 (1) city that is located in a borough incorporated after June 16, 1987, 09 the following percentages of the tax revenue collected from taxes levied under this 10 chapter on fishery resources landed in the city: 11 (A) 45 percent of the taxes collected during the calendar year 12 in which the borough is incorporated; 13 (B) 40 percent of the taxes collected during the first calendar 14 year after the calendar year in which the borough is incorporated; 15 (C) 35 percent of the taxes collected during the second calendar 16 year after the calendar year in which the borough is incorporated; and 17 (D) 30 percent of the taxes collected during the third calendar 18 year after the calendar year in which the borough is incorporated; and 19 (2) borough that is incorporated after June 16, 1987, the following 20 percentages of the tax revenue collected from taxes levied under this chapter on fishery 21 resources landed in the cities located within the borough: 22 (A) 5 percent of the taxes collected during the calendar year in 23 which the borough is incorporated; 24 (B) 10 percent of the taxes collected during the first calendar 25 year after the calendar year in which the borough is incorporated; 26 (C) 15 percent of the taxes collected during the second calendar 27 year after the calendar year in which the borough is incorporated; and 28 (D) 20 percent of the taxes collected during the third calendar 29 year after the calendar year in which the borough is incorporated. 30 (c) Notwithstanding the provisions of (b) of this section, a city may adopt an 31 ordinance to transfer a portion of the funds received under (b)(1) of this section to the 01 borough in which the city is located. 02 (d) To the extent that appropriations are available for the purpose, and 03 notwithstanding the requirement of AS 37.07.080(e) that approval of the office of 04 management and budget is required, an amount equal to 50 percent of the tax revenue 05 that is collected under this chapter and is not subject to division with a municipality 06 under (a) - (c) of this section shall be transmitted each fiscal year, without the approval 07 of the office of management and budget, by the department to the Department of 08 Community and Regional Affairs for disbursal to eligible municipalities under 09 AS 29.60.450. 10 Sec. 43.77.060. REGULATIONS. The department shall adopt regulations to 11 implement and interpret this chapter. 12 Sec. 43.77.200. DEFINITIONS. In this chapter, 13 (1) "fishery resource" means processed finfish, shellfish, and fish by-products, including salmon, halibut, herring 14 flounder, crab, clams, cod, shrimp, and 15 pollock; 16 (2) "landing" means the act of unloading or transferring a fishery 17 resource; 18 (3) "market value" means the highest price a willing buyer would pay 19 and a willing seller would accept for a fishery resource if both are fully informed and 20 neither is under any compulsion to buy or sell, as determined by the department under 21 regulations adopted to make value determinations; 22 (4) "process" 23 (A) means any activity that modifies the physical condition of 24 the resource, including butchering, freezing, salting, cooking, canning, 25 dehydrating, or smoking; 26 (B) does not include decapitating shrimp, or gutting, gilling, 27 slimming, washing, or icing a resource solely for the purpose of maintaining 28 the quality of the fresh resource; 29 (5) "value" means the lesser of 30 (A) the market value of the fishery resource at the time and 31 place the resource becomes subject to the tax under this chapter; or 01 (B) the statewide average price paid in the year for the fisheries 02 resource as reported to, and the results compiled and released by, the 03 Department of Fish and Game. 04 * Sec. 2. This Act takes effect January 1, 1994.