00                             HOUSE BILL NO. 271                                                                          
01 "An Act levying and providing for the collection and administration of an excise tax on                                 
02 passenger vehicle rentals; and providing for an 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 52.  Passenger Vehicle Rental Tax.                                                           
06            Sec. 43.52.010.  Levy of passenger vehicle rental tax.  There is imposed an                                
07       excise tax on the charge for the lease or rental of a passenger vehicle made in this state                        
08       if the lease or rental of the passenger vehicle does not exceed a period of 90                                    
09       consecutive days.                                                                                                 
10            Sec. 43.52.020.  Rate of passenger vehicle rental tax.  The tax imposed by                               
11       this chapter is levied at a rate of 15 percent of the amount charged for the lease or                             
12       rental of the passenger vehicle.                                                                                  
13            Sec. 43.52.030.  Liability for payment of passenger vehicle rental tax.  The                               
14       tax imposed by this chapter is due and payable to the department                                                  
01                 (1)  by the person who provides the rented passenger vehicle; and                                       
02                 (2)  in the manner and at the times required by the department by                                       
03       regulation.                                                                                                       
04            Sec. 43.52.040.  Applicability of the tax.  The provisions of this chapter apply                           
05       to a passenger vehicle whether or not the passenger vehicle is registered and licensed                            
06       in this state.                                                                                                    
07            Sec. 43.52.050.  Relationship to municipal levies.  The tax imposed by this                                
08       chapter is in addition to a tax that may be imposed on passenger vehicle rentals by a                             
09       municipality under AS 29.45.                                                                                      
10            Sec. 43.52.060.  Administration of tax.  (a)  The department shall administer                              
11       the tax imposed by this chapter and may adopt necessary regulations.                                              
12            (b)  The proceeds of the passenger vehicle rental tax imposed by this chapter                                
13       shall be deposited into a special passenger vehicle rental tax account in the general                             
14       fund.                                                                                                             
15            (c)  The legislature may appropriate the actual balance of the passenger vehicle                             
16       rental tax account for tourism development and marketing.  This section is not                                    
17       intended to create a dedicated fund.                                                                              
18            Sec. 43.52.099.  Definitions.  In this chapter,                                                            
19                 (1)  "passenger vehicle" means a motor vehicle as defined in                                            
20       AS 28.40.100 that is driven or moved on a highway or other public right-of-way in the                             
21       state but does not include a "commercial motor vehicle" as that term is defined in                                
22       AS 28.40.100;                                                                                                     
23                 (2)  "tax" means the excise tax levied under this chapter on the charge                                 
24       made for the rental of a passenger vehicle.                                                                       
25    * Sec. 2.  TRANSITIONAL PROVISIONS: REGULATIONS.  Notwithstanding sec. 3 of                                        
26 this Act, the Department of Revenue may proceed to adopt regulations necessary to                                       
27 implement this Act.  The regulations take effect under AS 44.62 (Administrative Procedure                               
28 Act), but not before the effective date set out in sec. 4 of this Act.                                                  
29    * Sec. 3.  Section 2 of this Act takes effect immediately under AS 01.10.070(c).                                   
30    * Sec. 4.  Except as provided in sec. 3 of this Act, this Act takes effect July 1, 2003.